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tree overhanging my property?? what can i do
burtonmark699
Posts: 3
Hi all, I have a average sized back garden which backs onto a large council park, directly behind my property we have a huge 70 ft tree which basically takes all sunlight out the garden, all the roots are causing damage to the retaining wall, and the leaves fill te back garden full of leaves, I have written to the council but they are not interested, this tree is causing our lifes a misery
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I think you are probably stuck with that Mark unfortunately. I have a friend who has an almost identical predicament to you. Unless you can appeal to the goodwill of the council or can prove that the tree is in a dangerous condition then you are unlikely to get much joy I would think.
In saying that, you are entitled to remove any limbs overhanging your property boundary (assuming there is no TPO in place) so you can go ahead and get that done.
Last edited: 21 July 2016 10:58:25
That made me chuckle DHR. My friend has taken some 'action' on a similar theme but I thought it best not to put that on a forum
Have a " Quiet " word with a solicitor friend
When I studied English Law when I was boring and worked in a bank this was given as a case study and it involves ( I think ) the law of Trespass
Not much of an option for us as these houses were built in a wood and we are not allowed to cut the trees down so I have made the most of it by creating a woodland garden with all the plants I like such as ferns.
And the trees provide fantastic shade on hot days like these.
Good source of leaves for leaf mould too.
If the wall is yours and the tree is damaging it I would have thought you have a case against the council because they are causing damage to your property.
If, however, the wall belongs to the council you do not have a case unless you can show that the wall is becoming unstable - which could result in injury to a person or animal and / or cause damage to your property.
Maybe a chat with a solicitor / good read at the library / internet research
Maybe start here
https://www.citizensadvice.org.uk
I am fed up to the back teeth with neighbour issues - the docks, thistles and nettles immediately behind my garden are now 5' high and full of seed which will all be blown into my garden. All because the owner of the land can't be a*sed to get out there and maintain it.
We already club together with other neighbours to pay somebody to come and cut her hedges back to keep our tiny lane clear and passable.
Last edited: 21 July 2016 13:11:11
It is incredibly irritating I agree Topbird, I've spent the last 10 years battling the tsunami of weeds coming over and under the fence from next door both sides, bindweed, all kinds of weed, overhanging and overgrown bushes and trees, ivy.
I often wonder why non gardners and people who never use their gardens actually bought a property with a garden.
Why the hell don't they go and buy a flat or somewhere with a paved courtyard garden.
I have to ask my next door neighbour for his permission to go onto his property and remove the mass of ivy and bindweed which is growing up his fence which I paid £1000 to have replaced because it kept falling onto my flower beds and was a massive eyesore.
I had to do it because he would have just let it fall down and I can't live my life staring into someone elses unkempt garden.
He let his other fence at the bottom of the garden fall down, that neighbour would not replace it for him and they are at it hammer and tongs almost everyday, she shouting at him because her dog keeps getting out and him saying he can't afford to replace it, it gets very nasty.
I can't be bothered, I just want to live my life so I built a tall fence to shut him out at my expense and life is much better that way.
'Lou12 (quote from)
Today at 13:35
It is incredibly irritating I agree Topbird, I've spent the last 10 years battling the tsunami of weeds coming over and under the fence from next door both sides, bindweed, all kinds of weed, overhanging and overgrown bushes and trees, ivy.'
Can't you just spray the ones your side with glyphosate?
I prefer to go and get the roots out every now and then, it seems to work better.
That certainly wouldn't work for me Jennifer. The thistles, docks and nettles set seed throughout my borders which are full of treasures. No option other than to hand weed.
I keep on top of weeds on my side of the fence, I'm sure Lou does too. It's just bl***y annoying having to spend time dealing with what is effectively somebody else's litter plus having to look at it as well.
My neighbour has had so many run-ins with everybody owning property adjoining or affected by hers. She has been taken to task by the PC, invoiced for work which had to be carried out by the LA, been taken to court for compensation after some of her horses got out and trampled a garden and boycotted by all the local farmers (who often do bits of extra work for locals such as hedge cutting and ditch clearing for a very small fee) because she just doesn't pay her bills. She nearly bankrupted a small local fencing company after not settling an invoice for £20,000 worth of fencing for nearly a year.
She has lots of land and over 20 horses. She has decent cars and horse boxes. She has just had new outbuildings erected. She is not short of money. She is just a pain in the rear end!!
Phew - sorry for that little rant - but I feel much better for getting that off my chest
Bertomark apologies if I got your name wring... I had the exact same problem and I resolved it..
There was a huge tree right next to my back fence, as the trunk grew it made fenvce maintainence impossible due to over hanging branches. The tree roots were spreading under my fence and sucking the life out of my garden, the tree blocked light and the roots undermined the laen and path too. The tree was on council land that they had to maintain..They periodically cut back brush and over hanging branches on their side of my fence.
So I looked on my house/ buildings Insurance policies and found I had Legal cover up to £50k yippee ... I tried asking, got nowhere initially but when I told them I had legal cover etc it all changed..
It took a while but the tree was removed in sections by tree surgeon employed by the council, they left the stump and in is 2ft in diameter..they have bored holes in the tree trunk and added chemicals Copper I think it was and they said eventually it would rot away.. Its still there but no regrowth.. My garden is now flourishing and plants actually grow.
Your legal grounds are that, 'The Tree is blocking light, causing loss of 'Enjoyment of your garden.. Damage to the property boundry that they will be responsible for paying for if they do not act speedily...
You can do it.. If you rent the property and its council they do not have to do anything until it contraeines their By Laws re Tenants up keep of gardens..
Last edited: 21 July 2016 18:15:04