tree

tree

Postby sb1234 » Thu Mar 20, 2014 8:40 pm

If 85% Leylandii tree base is in my property that neighbour planted along the boundary can I have it removed from my land...I live in Scotland...
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Re: tree

Postby cobdale » Thu Mar 20, 2014 9:40 pm

how would you be able to do that without destroying his fifteen pre cent?
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Re: tree

Postby MacadamB53 » Thu Mar 20, 2014 11:29 pm

Hi sb1234,

Here's a link to your other thread:

http://www.gardenlaw.co.uk/phpBB2/viewtopic.php?f=7&t=19173

Is it the same neighbour?

Kind regards, Mac
PS how are you defining 85%? trunk diameter? roots? foliage?
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Re: tree

Postby sb1234 » Fri Mar 21, 2014 11:27 am

Yes and was forced into getting a detailed boundary survey, came up that our garden is invaded very badly with roots and that is why we cannot grow anything. It was highlighted in the survey that in his professional opinion the tree's are planted to close to the house and much of the foliage is invading our land that does not bother me as I know I can trim it back to the boundary. It was noted that one of the leylandii planted 3.2 feet away from the porch of my house that 85% of the trunk diameter is in my garden we have also been advised to put in a complaint to the council planning department as it is meant to be an open plan estate and neighbour is breaking deeds but we won't be doing that as nothing can be done as we would have to go to a civil court, also they are lowing the value of our home. On instruction of survey I have sent the report to my insurance company as they mentioned something along the lines of putting house at risk of earth heave due to shallow roots, I thought Leylandii did not cause this damage in homes built after 1950s. It was also noted that natural light is getting blocked despite being lowered TBH we were that used to them a lot higher as you know the neighbour has lowered them so to us it was a huge improvement for us, but surveyor said it could not be classed as a hedge as it is not uniformed and more like a forest as it is a mixture of evergreens that have grown into a vertical mass and merged with each other "his statement" ... I am totally disgusted at the whole awful experience and getting to be a nervous wreck because of this. I just wanted to know about the 85% of the trunk diameter is in my garden as hoping insurance will sort things out...It was also noted that the leylandii among other evergreens is obstructing views for road users as no one can see my driveway which is a danger been advised to write to roads/highway officer also at the local council as they have a duty of care for all road users. I knew most of this anyway but what I did not know is that 85% of the trunk diameter is in my garden. Neighbour has also planted a holly tree about 10cm away from my porch wall did not know this either as it is hidden by the Leylandii.
When life gives you a hundred reasons to cry, show life that you have a thousand reasons to smile.
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Re: tree

Postby despair » Fri Mar 21, 2014 12:38 pm

Sounds to me like your neighbour is causing a legal nuiscance

Do you not have Legal Expenses Cover attached to mortgages/insurances/credit cards/union memberships
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Re: tree

Postby MacadamB53 » Sat Mar 22, 2014 8:37 am

Hi sb1234,

Have you not considered removing the tree and erecting a fence along the edge of your land?

Kind regards, Mac
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Re: tree

Postby sb1234 » Sat Mar 22, 2014 11:59 am

Yes but was told by neighbour that she loved her tree's and has always wanted to live in the forest and if she could not then she would bring the forest to her,so no they would never remove any.
When life gives you a hundred reasons to cry, show life that you have a thousand reasons to smile.
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Re: tree

Postby MacadamB53 » Sat Mar 22, 2014 12:36 pm

Hi sb1234,

If I had a tree growing almost entirely on my land I'd call it my tree.

What course of action would she take after I've removed the tree?

All my non-expert, unqualified thoughts.

Kind regards, Mac
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Re: tree

Postby sb1234 » Sat May 03, 2014 3:57 pm

Update after receiving lawyers letter from neighbour dated 13th March 2014 saying they had been instructed by our neighbour in connection with your dispute regarding boundary hedges/trees and glad we did reply to neighbours lawyers letter as if I had chosen to ignore it my home was at risk by neighbours ignorance but they cannot claim that defence now as they have been made aware of their wrong doings to neighbouring land and our house ...
If only we could get on with our life. Went to lawyer and was advised that we need to inform our insurance. We did that and returned her lawyer's with a letter from our lawyer on the 3rd April our lawyer giving them background on this matter and the protracted efforts we have done to try and resolve matters and the serious danger of earth heave and the serious implications from an insurance point of view and that we have made our insurers aware of the situation and would his client do likewise. On our lawyers advice and insurers we were advised not to remove the tree or the roots from our garden as our neighbour had breached the duty of care owed to neighbouring land our lawyer also enclosed a letter from our insurance stating please be aware that the neighbours trees can cause subsidence to your property and would be liable for any damage on the above mentioned policy. Our lawyer sent her lawyer another letter on the 25th April 2014 sating that we would unlikely be able to remove the tree/roots and again on the advice from him and our insurance company will let your client deal with the removal herself. On that basis our clients are of the view that it would be reasonable in the circumstances for your client to employ someone qualified to trim back the roots and install a root barrier in order to protect the trees as well as removing the one tree that is growing mainly on our clients property. Our clients insurance company have indicated to our clients that if works are not carried out then are likely to look into matters further. We enclose a letter addressed to our clients from their insurance company dated the 14th April 2014. We also enclose further photographic evidence of the issues at hand. In addition we enclose a copy of documentation from ABI which has been forwarded to us by our clients. You will note on page 5 the safe distance which fully grown trees should be planted from buildings. On page 2 you will see a Holly tree that is with in a matter of inches from our clients property which in terms of recommended guidance should be at least 5 metres from any building. In addition, the guidance provides that a Cypress tree should be no closer than 20 metres from any building. Our neighbour has 14 days from this last letter 25th April failing which they will require what further action requires to be undertaken. Our insurance has stated that they would be looking into an interdict. We are so glad we got legal advice and contacted our insurance company. I live in hope that our neighbour acts now and if not it will be truly out our hands and in the hands of our insurers.
The reasons we were advised against removing the roots ourselves are that we are within our rights under common law to cut back encroaching roots provided the tree is not protected which they are not. However, the cutting of tree roots is not generally advisable since the health or stability of the tree may be adversely affected and this may also result in a compensation claim from your neighbour, should damage to persons or property result from this action example the safety and health of the trees
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When life gives you a hundred reasons to cry, show life that you have a thousand reasons to smile.
sb1234
 
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Re: tree

Postby sb1234 » Sat May 03, 2014 5:47 pm

If anyone is wondering yes it's the same neighbour who has caused me a lot of bother before ... and all except one of the previous owners of my house as lawyer has found out she was the main cause of them selling up the one previous owner who she did not seem to bother was in the police force and left because he got promoted to another area they only owned the house for 18 months ... viewtopic.php?f=7&t=19173
When life gives you a hundred reasons to cry, show life that you have a thousand reasons to smile.
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Re: tree

Postby sb1234 » Wed May 14, 2014 4:34 pm

Dates have came and went, our insurance is taking over as neighbour refuses to take action to safe guard our property.
When life gives you a hundred reasons to cry, show life that you have a thousand reasons to smile.
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