Neighbour built shed next to my tree

Neighbour built shed next to my tree

Postby Palo » Thu Aug 25, 2016 9:09 pm

Four years ago my Neighbour decided to build a brick shed next to the boundary line,on my side of the line is a leylandii which is kept trimmed & topped,roots were chopped branches removed all no problem from me there.
Now I have been reported for my trees damaging their building & I have a bay & 2 firs v tall but nowhere near the main property so all I can assume is it is either the fence where he decided to put a concrete post next to a tree & the roots have pushed it aside or the shed as he cut into branches for the roof & left no space for growth of the tree.
Is all the onus on me or is any on them to have thought things through first,they want all the trees out
Palo
 
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Re: Neighbour built shed next to my tree

Postby mr sheen » Thu Aug 25, 2016 9:30 pm

Both you and your neighbour have the right to use every inch of your land right up to the boundary as you and he choose, and he has chosen to use his for a building. Unfortunately you have chosen growing living things that eventually encroach beyond the limit of the land you own into the land owned by the neighbour, and this includes roots and trees and roots can cause damage.

This has the potential to turn into a full-blown dispute since someone is going to have to pay out their hard earned cash and no one wants to do that. So you can either decide to sort this out amicably or you can force the neighbour to go down the legal route and put you 'on notice' of damage and then make a claim against you or your insurance company who may insist you remove the trees. During this protracted legal process your property is subject to a legal dispute so would be difficult to sell if you wanted/needed to.
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Re: Neighbour built shed next to my tree

Postby Palo » Thu Aug 25, 2016 9:57 pm

Hi Thank you for the answer ,the trees were already there when I moved in as for the boundary line I will find that out on Tuesday the shed is 3 inches further out than the fence then the roof lip on top as they have planted a walnut tree 10 inches from the shed wall will the surveyor be able to tell which tree is causing root damage, I asked for an arboreal surveyor but they do not have 1 & this is being arranged by the other party
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Re: Neighbour built shed next to my tree

Postby Palo » Tue Aug 30, 2016 6:01 pm

UPDATE It turns out that the tree is damaging a shed wall however it also turns out that the person who built the shed is a leaseholder not a freeholder & failed to notify the Council that they were building the shed ( it comes under improvements & alterations to ensure it will be safe they must be notified) they failed to do this.

Another point is the height exceeds the 2.5 metre rule on a boundary it is 2.6 metres and rises as it gets to the other end,so does anyone have any idea what happens next the surveyor is coming on Wednesday.

Any advice would be appreciated.
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Re: Neighbour built shed next to my tree

Postby SwitchRich » Wed Oct 05, 2016 10:35 am

Have you had any dialogue with your neighbour?
Or is it all going through letters etc at the moment?
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Re: Neighbour built shed next to my tree

Postby Palo » Wed Dec 21, 2016 6:43 pm

No thereisno dialogue between us it is all through the council
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Re: Neighbour built shed next to my tree

Postby arborlad » Wed Dec 21, 2016 7:20 pm

Best to stick to one thread:


Palo wrote:In August I posted on here that a neighbour had built a shed next to my tree & complained about damage & put a fencepost in the centre of another tree,the update is that the tree officer came took photos & said 3 times that in his opinion there was no case to answer,he noted that they were not contacted as required to be told the shed was to be built nor the fence.

The tree officer stated that he did not know about trees but knew if they were damaging a building & these were not & "the camera does not lie" so no action
would be taken 3 1/2 months later & a tree must come out which is completely different from what he said,I have asked for a copy of the report but it is not forthcoming,they want to discuss this on the phone instead.

My question is am I allowed a copy of the councils tree officers report I am a council tenant the trees are in my garden & my responsibility
arborlad

smile...it confuses people
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Re: Neighbour built shed next to my tree

Postby COGGY » Wed Dec 21, 2016 7:30 pm

Hi

Palo has stated that he is a Council tenant. Does that make any difference to his position Palo did you plant the trees, or were they already planted before you moved in? Does this made any difference? I don't know about this but surely if the trees were (not saying they were) planted before Palo moved in this should make a difference. I do not know about the technicalities of this but just wanted to bring up the fact that Palo is a Coouncil tenant and imo this may affect his liability. How can the Council blame Palo for trees planted in a Council garden IF they were planted before he moved in?

Kind regards Coggy
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Re: Neighbour built shed next to my tree

Postby Collaborate » Wed Dec 21, 2016 8:03 pm

I would struggle to see how you, as a council tenant, would be personally liable for any tree damage. What does your tenancy agreement say about this?

You my be able to request a copy of the TO's report by making a FOI request. See here: https://www.gov.uk/make-a-freedom-of-in ... mation-act for the procedure.
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Re: Neighbour built shed next to my tree

Postby Palo » Wed Dec 21, 2016 8:08 pm

I am responsible for the trees all i need to know is can I see the report.
I am a councll tenant have been here 36 years I am responsible for the trees & the maintenance of the trees which I have done the tree officer said no case to answer in his opinion, now his report states complete opposite so I wanted to view the report
Last edited by Palo on Wed Dec 21, 2016 8:18 pm, edited 1 time in total.
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Re: Neighbour built shed next to my tree

Postby mugwump » Wed Dec 21, 2016 8:10 pm

I seem to be missing the bit where Palo said he was a council tenant.

There is mention that the neighbour is the leaseholder but the council hold the freehold but nothing about Pablo's status
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Re: Neighbour built shed next to my tree

Postby COGGY » Wed Dec 21, 2016 8:40 pm

No I cannot find any mention of Palo being a Council tenant now. I have flu so maybe imaginging things. I just thought it may be relevant and help his case. Apologies if I have confused anyone. Regards Coggy
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Re: Neighbour built shed next to my tree

Postby Collaborate » Wed Dec 21, 2016 9:03 pm

Reference to the OP being a council tenant is in the post made on the other thread about the same subject.
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Re: Neighbour built shed next to my tree

Postby Palo » Wed Dec 21, 2016 9:10 pm

Hi I am a council tenant of 36 years & responsible for the trees they are maintained correctly the tree officer said no action required now he says different all I want to know is can I see the report must they let me see it or can they refuse
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Re: Neighbour built shed next to my tree

Postby COGGY » Wed Dec 21, 2016 9:55 pm

Hi Palo

Collaborate wrote earlier today with a link for you to obtain copies of the report

https://www.gov.uk/make-a-freedom-of-in ... mation-act for the procedure.

Good luck
Coggy
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