Cherry tree roots going under neighbours drive.

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Rob-fet
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Joined: Sat May 19, 2018 11:15 am

Cherry tree roots going under neighbours drive.

Post by Rob-fet » Tue May 22, 2018 1:01 am

We have a cherry tree in our front garden about 2 meters from the boundary with a neighbour. After objecting to their planning application, they have came round and started mouthing off.

1. They want the over hanging branches of said tree cut back (this has already been done twice since we moved in to the house a few years ago, the second time the tree was crowned and a lot of branches taken out)

2. Apparently there is a root/s from said tree going under the neighbours drive, and they want them removed.


I've said on the over hanging branches I would get the same gardener who I used last time but as he is normally busy it may take a while, as for the roots, jog on.

They removed a row of overgrown fir tree hedging out when they bought the house on the boundary, these were planted right up to the boundary and overgrown on my side by about 3-4 foot (I liked them as it gave us good privacy) and they didn't give us any notice of doing this but came on our garden to cut them down to stumps of a bout 12-18 inches. These were then ripped out by a mini digger resulting in that side of our garden becoming a mess. They eventually put some soil and grass seed down.

To make thier drive wider they put gravel down, just gravel, no prep or hardcore/weed membrane ect. I cant see any damage from roots, So where do I stand with him wanting the root/roots sorting?

Collaborate
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Re: Cherry tree roots going under neighbours drive.

Post by Collaborate » Tue May 22, 2018 6:05 pm

You are on notice so if your roots do cause actual damage you might be liable. That said, if you can see no sign of damage there's nothing to be liable for - yet.

MacadamB53
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Re: Cherry tree roots going under neighbours drive.

Post by MacadamB53 » Thu May 24, 2018 12:37 pm

Hi Rob-fet,

the only thing I can add - in case you’re not aware - is that you are not required by law to keep your neighbour’s airspace clear of growth from your tree or his soil from the roots of your tree.

this of course changes if said growth is causing damage.

obviously it makes sense to offer to get that side sorted as part of the job of tending to the tree as a whole - as you’ve done to date - but it’s best that the neighbour is informed this is goodwill rather than an obligation.

kind regards, Mac

Rob-fet
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Re: Cherry tree roots going under neighbours drive.

Post by Rob-fet » Thu May 24, 2018 6:49 pm

Thanks guys, that's what I'd gathered so far but just wanted clarification.

Like I said I have had the trees cut back twice already so I'm doing my bit but as for the roots.

There is no sign of any lifting or sinking of the paving stones on his drive and he did have an over grown fir tree hedge there before he ripped it out so I'm guessing these may have been what he seen but he's just being awkward as we objected to a planning proposal.

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