Proximity of neighbours trees

Proximity of neighbours trees

Postby redrobbo » Tue Sep 13, 2016 8:46 am

Good morning everyone ,

1st post here so go easy !

The side of our house is separated from the end of our neighbours garden by a path that is approx 2 ft wide and a fence ,we had new neighbours move in about 6-7 years ago - then about 3 years ago I became aware that the roots of a Rowan tree just on the other side of the fence ( approx 4ft from house ) had pushed up some of our patio slabs and the pathway - on looking at the tree it appeared to have not been pruned or attended to recently . I spoke to the neighbour at this time and advised him what had happened and he agreed he would get the tree cut back and keep it under control for the future. The tree was trimmed back after that, over the last few years nothing much has been done and the tree is getting very high and unruly again , I have trimmed the side that hangs over the fence as it was starting to touch our roof and drain . About a year ago these neighbours have also planted what I believe are 2 apple trees ( 1 is about 7 ft tall now the other about 5ft) in the same proximity as the Rowan but about 15ft further along . I am quite concerned that we have a pretty large Rowan and 2 apple trees all approx 4ft from our buildings and foundations - there is also a drain inspection cover very close to this . I had some of our tree and hedges trimmed in spring and asked the neighbour if he wanted me to put the guy we used in touch ,he said yes and I did ,but some months on nothing has been done . I am not at all experienced in these matters but from the damage to the path and patio already I think these are too close to our buildings and have the potential to cause more damage . Would anyone that is experienced in these matters care to comment of the situation , we get on well with these neighbours and don't want to make waves but I can see that this could just be a matter of time before more problems occur .

thanks in advance
redrobbo
 
Posts: 6
Joined: Sat Sep 10, 2016 6:51 pm

Ads are not endorsed by www.gardenlaw.co.uk or the staff thereof and visitors should perform their own due diligence on the product or service offered.
 

Re: Proximity of neighbours trees

Postby despair » Tue Sep 13, 2016 8:56 am

as theres damage to the path you should have photoed it and documented it and put the neighbour on notice that way you can claim for furthur damage that occurs

i suggest you do that now because it sounds like this could soon become a hefty claim
despair
 
Posts: 16041
Joined: Mon Mar 14, 2005 8:07 am

Re: Proximity of neighbours trees

Postby MacadamB53 » Tue Sep 13, 2016 9:06 am

Hi redrobbo,

I'm afraid you cannot make the neighbour take action "just in case" no matter how obvious the likelihood is.

you're fortunate, though, because the laws of this land allow you to sue for damages (if things cannot be amicably resolved) and if you have irrefutable evidence your claim ought to be successful.

Kind regards, Mac
MacadamB53
 
Posts: 6025
Joined: Mon Dec 10, 2012 12:13 am

Re: Proximity of neighbours trees

Postby redrobbo » Tue Sep 13, 2016 9:15 am

thanks for replies chaps , I am pretty sure I have photos from the roots , will dig out . I wasn't thinking of the "just in case" scenario - more so that both of us are aware this damage has already occurred once and it is not going to help the situation by the tree being unattended to , so surely he has a duty of care to keep the tree under control to prevent further damage ?

I don't know what damage apple trees or the like can do when planted so close to buildings , but it begs the question if issues are already apparent with existing tree why plant more in the same place ?

I am trying to avoid a potentially tricky situation for everyone !
redrobbo
 
Posts: 6
Joined: Sat Sep 10, 2016 6:51 pm

Re: Proximity of neighbours trees

Postby MacadamB53 » Tue Sep 13, 2016 9:51 am

Hi redrobbo,

you are applying "just in case" logic:

surely he has a duty of care to keep the tree under control to prevent further damage?

that would be further damage that hasn't happened...

as obvious as it may seem to you, no further damage might occur at all and you cannot compel someone to act "just in case".

that said, I too would be trying my level best to convince them it's in their interest to act now...

Kind regards, Mac
MacadamB53
 
Posts: 6025
Joined: Mon Dec 10, 2012 12:13 am

Re: Proximity of neighbours trees

Postby redrobbo » Tue Sep 13, 2016 10:06 am

Cheers Mac ,

I will do that ,

what is your opinion of the proximity of these trees to the house ?

thanks
Attachments
IMG_20140517_125141 (Small).jpg
Roots
IMG_20140517_125141 (Small).jpg (143.93 KiB) Viewed 2269 times
redrobbo
 
Posts: 6
Joined: Sat Sep 10, 2016 6:51 pm

Re: Proximity of neighbours trees

Postby MacadamB53 » Tue Sep 13, 2016 10:12 am

Hi redrobbo,

4' is rather close isn't it...

maybe you could get someone qualified out to give you an informal quote for hypothetical repairs and run this past the neighbour - might wake them up...

Kind regards, Mac
MacadamB53
 
Posts: 6025
Joined: Mon Dec 10, 2012 12:13 am

Re: Proximity of neighbours trees

Postby APC » Tue Sep 13, 2016 9:23 pm

Unless your house and foundations are made from digestive biscuits, tree roots are most unlikely to cause direct damage.
APC
 
Posts: 91
Joined: Sun Nov 24, 2013 6:37 pm

Re: Proximity of neighbours trees

Postby redrobbo » Sat Sep 17, 2016 5:10 pm

Yes , but what about the patio and drains etc ?

I spoke to them the other day and there is someone round next week to tidy up so hopefully we are all good ,

thanks you all for the input
redrobbo
 
Posts: 6
Joined: Sat Sep 10, 2016 6:51 pm

Re: Proximity of neighbours trees

Postby COGGY » Sat Sep 17, 2016 8:03 pm

Hi all

I have been reading this thread and would like to please ask a question. If the roots are already in the OP's garden and causing damage, how will having the tree "tidied up" help with the problem roots? Will having the tree pruned or tidied up stop the roots growing? Thank you in anticipation of an explanation. Coggy
COGGY
 
Posts: 1355
Joined: Tue Feb 21, 2012 10:58 pm

Re: Proximity of neighbours trees

Postby redrobbo » Mon Sep 19, 2016 11:59 am

That is a very good question Coggy ,

From my point of view when I initially reset the patio slabs I cut the roots as far back as I could go , so I am hoping that if the tree is taken back to a sensible size and kept under control that this will prevent the roots getting too big . As you probably guessed I am not particularly learned on this subject !

thanks
redrobbo
 
Posts: 6
Joined: Sat Sep 10, 2016 6:51 pm

Re: Proximity of neighbours trees

Postby despair » Mon Sep 19, 2016 2:34 pm

if the roots have caused the problems you stated and they are a big as they look in the photo you are flying a kite hoping cutting the tree back will help

you need to put your neighbour on notice that the tree has already caused damage and every ounce of future damage or encroachment beckmes their full financial liability and that they should inform their insurers ....keep a copy

( if they fail to inform their insurers they are v likely to find they will nit be covered should actual damage occur )
despair
 
Posts: 16041
Joined: Mon Mar 14, 2005 8:07 am

Re: Proximity of neighbours trees

Postby COGGY » Mon Sep 19, 2016 3:31 pm

Hi

Send the letter by Recorded Delivery, keep a copy and print off a copy of the receipt they sign when the letter is delivered to them. Coggy
COGGY
 
Posts: 1355
Joined: Tue Feb 21, 2012 10:58 pm

Re: Proximity of neighbours trees

Postby despair » Mon Sep 19, 2016 3:53 pm

DITTO
despair
 
Posts: 16041
Joined: Mon Mar 14, 2005 8:07 am

Re: Proximity of neighbours trees

Postby TO » Mon Sep 19, 2016 4:29 pm

despair wrote:if the roots have caused the problems you stated and they are a big as they look in the photo you are flying a kite hoping cutting the tree back will help

you need to put your neighbour on notice that the tree has already caused damage and every ounce of future damage or encroachment beckmes their full financial liability and that they should inform their insurers ....keep a copy

( if they fail to inform their insurers they are v likely to find they will nit be covered should actual damage occur )
How can the roots cause any problems. They've been cut off!
TO
 
Posts: 639
Joined: Wed Dec 28, 2005 2:05 pm

Ads are not endorsed by www.gardenlaw.co.uk or the staff thereof and visitors should perform their own due diligence on the product or service offered.
 
Next

Return to Trees

Who is online

Users browsing this forum: No registered users and 2 guests