Gardening problem

  birdface 11:55 07 Aug 2009
Locked

Neighbor has 5 trees about 30ft high some under some probably over running alongside my hedge at the back of the house.
My problem is the concrete stand where i park my van has a split right across the middle of it and has been getting a lot worse lately and running at an angle,Also my garden shed is tilting at an angle now as well.

Slabs and footpaths are sinking and rising and one just about 4ft away from the back door was getting so bad I had to dig it up to try and sort it.And was amazed to find this big tree root running underneath it was about 3 inches thick.
I managed to break that bit of tree root up but hate to think what other problems there are in other parts of the garden.
I get on really well with the neighbors who like their trees. Their house is still owned by the council so just wondering if the council has any responsibility for the damage that is happening to my garden.

I will point out that I am not a keen gardener but keep the grass cut and hedges trimmed but no fancy flowers.

I am getting to the age where i am unable to fix those problems myself so maybe I am just looking for someone to do it for me.

I have contacted the council before as large branches have been blown off the big tree and by luck i was up in Scotland at the time or it would have severely damaged my fan or worse still would have killed anyone that was underneath it.

Is it just a matter that I have to put up with or is the council liable for damage.

I should point out that the largest of the trees is about 30+ ft high and is only about 18ft from my back door.

Not sure if I should have posted this in speakers corner or not.

Any comments or advice welcome.

  Chris the Ancient 12:04 07 Aug 2009

A thorny one to which I cannot offer an answer.

However... perhaps the Citizens' Advice Bureau can offer advice - or recommend a solicitor that can offer advice cheaply.

It is an advantage that you do get on with your neighbour - and I imagine he would not wish to cause you distress. Has he talked to the council as they own the property?

If all else fails, could you go shares and get a tree surgeon to look at it and see if the problem root(s) can be killed off or removed?

  birdface 13:00 07 Aug 2009

I suppose if I did manage to chop off all the roots on my side ,The first big wind would probably uproute the trees and fall on my neighbours side.And there house is only about 18ft away as well.
They have also contacted the council telling them that the branches were not safe but they sent someone up for a look and nothing was ever done about it.
citizen's advise Bureau I am not that keen on having used them before.Lawyer it would probably have to be free but will look into it.

I moved into my house about 28 years ago and the trees were tiny then.So you can imagine 28 years growth what size to expect.

  wiz-king 13:45 07 Aug 2009

Problems can get worse! - you may be in a tree preservation zone which means you have to get council permission to deal with trees over 150mm in diameter. Also your household insurance may not cover damage from trees or branches falling on your property if the trees are too close to your property - this will depend on the soil type in your area.
As a rule of thumb tree roots go out as far as the canopy. If the house with the trees is owned by the council I would have a word with their tree office.

  Woolwell 15:06 07 Aug 2009

Trees can have a tree preservation order placed on them which means that to do almost anything to them you have to seek permission. The Council's tree officer will be able to advise whether this tree has a preservation order or not and may also be able to advise about a course of action.
The tree sounds as if it is too close to both houses and may have to be felled. Who should do it depends on its ownership. It may belong to the council or it may belong to your neighbour if he is responsible for garden maintenance.
An arborist will do a survey of the tree but it will cost money.

  Woolwell 15:07 07 Aug 2009

What are the trees - firs or something else?

  Spark6 16:20 07 Aug 2009

Many thanks for your link, I've only read through it quickly but it has given me a clearer insight into the actions one can take.

My problem neighbour has a 25M+ Ash tree in his garden which now overhangs my rear garden depositing seedlings and leaves on a regular basis. His 'hedge', the other side of my boundary wall, consists of four or five 10M laurels, together with a variety of privets etc which he has refused to trim, saying that he has more important things to worry about.

To date I have cut/trimmed the laurels and privets back to the original boundary line, together with an apple tree I haven't mentioned. You can probably imagine the number of trips I have had to make to the local tip with the cuttings.

  BT 16:51 07 Aug 2009

All those overhanging branches etc that you have trimmed from your neighbours trees should by rights have been returned to him - its the law a far as I understand. Then HE would have had to dispose of them, and perhaps he would have had second thoughts about your requests to do something about the trees when confronted by heaps of cuttings etc.on a frequent basis.

  Spark6 17:14 07 Aug 2009

As the guy was absolutely uninterested in the problem, and I was unable to throw any more over the fence, the sensible alternative was to dispose of it the way I did. His property is in the next cul-de-sac to mine which would involve using my car anyway.

I must add that this was done a few weeks ago and there has been no comeback to date.

  Stuartli 17:44 07 Aug 2009

See:

click here

which helped a friend of mine who wanted to remove a willow tree that was seriously threatening the foundations of his property.

  Pineman100 18:54 07 Aug 2009

This website can be useful: click here

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