Sycamore Tree on neighbouring property

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Sals
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Sycamore Tree on neighbouring property

Post by Sals » Thu Jun 14, 2018 1:41 pm

Hi - I am looking for some advice or experience from others in how to approach asking a neighbouring property to remove their incredibly large Sycamore tree (much higher than our 3 storey house) which hangs over much of our garden.

We have been here for nearly 8 years and the tree has always been difficult - in that it drops its seedlings so we have to continuously pull them out, the sap, the shade in the garden, the bugs - but it has got to a point where we simply can't continue spending so much time, every time we go out into the garden, to sweep up everything, wash everything down as it is covered in sticky sap, and brace ourselves for the onslaught of bugs, green fly and all sorts by the tree and the Ivy that is all the way up the trunk (also on the neighbouring property) . I am also worried about the roots and the proximity to our house - it is probably about 10 metres from the back but given the size I am sure the roots may be a problem. The tree is situated in a small patch of garden within a block of flats and so I want to approach the maintenance company and want to know what I can/should say that would have an impact and be a good enough argument for them to fell it.

Does anyone have any experience and suggestions as to what I should say or how I should phrase it. It's existence means that I am loathe to go out in the garden and share the outside space with our 3 young children.

Thanks!

Sals

Collaborate
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Re: Sycamore Tree on neighbouring property

Post by Collaborate » Thu Jun 14, 2018 2:16 pm

I think you have to persuade them that they may be liable for damage to your property caused by the roots. For that you would need a report from a surveyor or other specialist that demonstrates whether or not the property is likely to suffer damage. If you can't show that I can see the management company not wanting to go to the expense.

On the other had you could offer to pay for its removal.

Failing that, you are aware I presume that you can cut back the tree to your boundary, taking care not to destabilise the tree or kill it off.

mr sheen
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Re: Sycamore Tree on neighbouring property

Post by mr sheen » Thu Jun 14, 2018 2:37 pm

You have the right to remove all overhanging vegetation right up to the boundary. This right comes with the responsibility to pay for such action. it is neighbourly to give notice but you do not have to ask permission since this is a right. You have to remove all arisings, again at your cost.

You can ASK the owner to remove the tree but the owner is not obliged to remove it and can just say 'no'. You may get them to be more amenable if you offer to pay for its removal (which is likely to be costly).

Since you have the right to remove the overhanging branches (and roots), if you choose not take action to protect your property a court may not be very sympathetic if you sit back and wait for damage to occur. However if damage does occur and you give the owner notice of the damage, the owner may be liable for further damage if you can prove that the damage was caused by the tree and the negligence of the owner.

despair
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Re: Sycamore Tree on neighbouring property

Post by despair » Thu Jun 14, 2018 8:26 pm

IMHE
The roots of sycamores spread furthur than the actual tree canopy

But maybe different soils make a difference

Certainly the trees are a total pain in the proverbial

ukmicky
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Re: Sycamore Tree on neighbouring property

Post by ukmicky » Thu Jun 14, 2018 11:30 pm

Check there is no Tree preservation order covering it.
Advice given is not legally qualified and you are advised to gain a professional opinion

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