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Neighbour has cut through our tree root for new fence - what happens now?

JoshCJoshC Posts: 14
in Problem solving
Hi all,

Our neighbour is putting in a new fence and when I finished work today I noticed the gardener has cut right through two huge roots about 50cm from the base of an ash tree in our garden. He’s sliced one off totally and going to it seems work on the other next. The tree is right in the corner of our garden and it overhangs multiple gardens, with roots predominantly going into our garden and theirs. The size of the tree and its branches is around 900cm wide and easily 45ft/ 1200cm high. 

My questions are - I presume this is legally allowed as it’s in their garden? What will this do to the tree, both structurally and health wise, and what are our options for (lack of a better wording, and if it happens at all) legal rights if the tree now collapses? 

We are young and this is our first house so not had this before and admittedly a little naive to questions like the above regarding rights! 

Thank you in advance. 

Posts

  • FairygirlFairygirl Posts: 55,117
    That's a shame @JoshC. As it's a mature tree, it may not do any lasting damage to the tree itself. 
    However, normally a neighbour can cut off overhanging branches back to the boundary, as long as they don't encroach onto, and into,  a neighbouring property. Digging out roots is different, although I'm not sure how that would work legally.
    You might have to get someone in to look at it. I appreciate you might not want to do that, but a tree specialist - arborist- is what you need to advise you. They'll look at the tree canopy etc too, and be able to judge the stability.  Your insurance can be affected too, so it's worth doing it. 
    Did anyone ask you about it before they started? I'm guessing they didn't.  :/
    It's a place where beautiful isn't enough of a word....



    I live in west central Scotland - not where that photo is...
  • Chris-P-BaconChris-P-Bacon Posts: 943
    Ash tree roots are very extensive. A 45ft tree with a 3ft diameter trunk will have a big root system - most of which will be near the surface. I suspect the tree won't suffer unduly. 
    What may though is the new fence. Ash roots can damage light structures like fences, patio surfaces etc and occasionally building foundations.
  • DovefromaboveDovefromabove Posts: 88,147
    edited September 2021
    We did the same when referring our garden some years ago … we had two huge ash trees in opposite corners of the garden
    and a couple of roots of each were severed in order to fence the garden properly. The consensus of opinion was that if the trees were mature and  healthy it would not cause any long term harm, and this proved to be the case. 

    I would warn you however that a large ash tree in an urban garden is a big responsibility … it will need checking from time to time by a qualified arborist and possibly/probably it will need work to lift and/or thin the crown to keep it healthy and reduce negative effects on your home and garden and your neighbours’ property. 
    We’ve had work done on ours twice in the last 10 years, costing £500 a time. 

    Not trying to freak you out, but it’s best to be prepared. 
    😊 

    Gardening in Central Norfolk on improved gritty moraine over chalk ... free-draining.





  • bédébédé Posts: 3,095
    If the wind blows, the tree will probably fall away from the severed roots.  If ash die-back doesn't get it first.
     location: Surrey Hills, England, ex-woodland acidic sand.
    "Have nothing in your garden that you don't know to be useful, or believe to be beautiful."
  • KT53KT53 Posts: 9,016
    As has been said by the majority, losing a couple of roots is likely to have little overall effect on the tree.  The comment about Ash Dieback is relevant though.  Keep a close eye on the general health of the tree.
  • purplerallimpurplerallim Posts: 5,287
    Our neighbour had a hundred foot ash tree removed from his garden, as it was causing damage to the surrounding four properties. 
    On talking to the arborist he said to look at the tree it was healthy, but as he cut it back he found that wasn't the case. If it had been left it would have lasted a few more years, but then would have been more dangerous to remove as there was quite alot of hollow limbs, that could have broken in the meantime, and these were very big limbs more than a foot across. So tree management is recommended. 
  • bédébédé Posts: 3,095
    When you buy a tree, or get it as a freebie (common with ash), think of its total life cost.  Like humans, trees get more expensive to care for with age, and a big expense at the very end.
     location: Surrey Hills, England, ex-woodland acidic sand.
    "Have nothing in your garden that you don't know to be useful, or believe to be beautiful."
  • DovefromaboveDovefromabove Posts: 88,147
    Dovefromabove said:
    We did the same when referring our garden ... 
    'Re-fencing' .... bdooly auto-correct 😡



    Gardening in Central Norfolk on improved gritty moraine over chalk ... free-draining.





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