Neighbour's tree overhanging and dangerous.

[smurfchops]

My neighbour at the side of the house, which is in the road behind mine, has a very tall heavy tree overhanging my garden. My fence is now breaking because of the weight and it is much too high for me to clip back all the overhanging branches. I have asked him nicely if he will have it pruned and he refuses. I am worried that in windy weather, the tree might come down and if so, it would land on my roof and damage my house. The council say it is a private matter. What would be my next step? I don't know the neighbour's surname and am thinking of sending a letter asking him to prune within, say, 21 days or I will take legal action - is this sensible - and if so, how do I find out his surname ?! Many thanks all.

[Nibble]

No need, as the branches can be trimmed/pruned back to your boundary as long as any fruit recovered from the pruned branches is returned to your neighbour. As below

http://www.problemnei...hanging-branches.html

[hc4361]

smurfchops has said it is much too high to cut down himself.

You can find his surname from the Electoral Register, either online or at your main library.

I suggest you write telling him that if he does not prune his tree within 28 days you will hire somebody to do it and send the bill to him

[smurfchops]

Thanks both of you, hc I feel that if my side of the tree is pruned it will still be very heavy and really needs pruning hard on his side of the fence as well, which would mean going into his garden ..... otherwise sound advice indeed.

[bednobs]

If you are worried about your fence breaking, chop it back to the level of your fence, then there wont be any weight on it

[hc4361]

Be careful though. Check the tree does not have a Tree Preservation Order on it.

[Smowball]

Why wont he prune it?

[LoftyLottie]

hc4361. If Smurfschips gest someone to prune the tree on the neighbour's side she and whoever she gets to prune it will be breaking the law! You can only prune as far as the fence and you can't take it down in height either.

The council is right.

[RATTER15]

What kind of tree are we talking about?

[LoftyLottie]

'Smurfchips'!!!! Sorry

A tree being too tall and the fact that it MIGHT blow down is not a consideration that carries any weight.

[LoftyLottie]

If the tree has a preservation order on it then you can't even cut it back on your side - so as hc says take care!

[Smowball]

Somebody I know had a similar problem, but the offending tree was blocking all the light in his house instead. So after trying for years to get it pruned, and with constant refusals, he went out every night for weeks and weeks and pored industrial strenght weedkiller over the fence onto the base of the tree. It eventually died and the neighbour had to get it cut down. Im not telling you to do this btw!!

[johnk]

Is the trunk of the tree leaning against your fence or is a branching leaning on top of it?

[LoftyLottie]

Unfortunately, it can be proved if a tree has been poisoned this way!!! ;o(

Actually, it is not very common at all for tall trees to come down in the wind unless there are diseased and dangerous.

Apparently just recently is has been made law that Tree Preservation Orders can now be applied to dying trees as long as they are not dangerous!! The tree, even if dying is considered essential to the environment.

[woofgang]

a tree with a TPO on it CAN be trimmed or removed without permission if it is dead, dying diseased or dangerous, but it is sensible to either get a tree surgeon's advice, or to get some pictorial proof before acting. I have had this situation twice now. Smurf if the tree is damaging your fence then you might like to drop a note in pointing out that the owner of the tree is liable for all damage caused by the tree regardless of whether or not the tree is the subject of a preservation order. You culd also put in a bill for fence repairs to date. I don't think there is any legal action that you can take until after the damage has occurred.
If it was me and the neighbour had refused to prune it, i would be checking on its preservation status (call the council) and then if ok I would be paying for someone to come in and prune off the stuff that overhangs your garden. I would be viewing it as part of the costs of maintaining the house generally. trees with a TPO can be pruned with permission and you don't have to be the tree owner to apply for and receive that permission.

[woofgang]

oh okay Lottie didn't know about the dying tree status change, mine were removed a few years ago. they did have a contagious disease though which may have made a difference as unchecked it would have killed all my trees and the neighbours' trees too.

[LoftyLottie]

It's a fairly new thing Woofy. I have become something of an expert on trees since selling land and having TPO's put on lots of trees by people objecting to the development. If the rule had applied two years ago, we would have not have been able to fell a tree that was diseased and it would have b.................. up the whole development!!

[LoftyLottie]

However, even back then we still had to get the diseased tree cleared by the council before felling because it had a TPO on it.

[woofgang]

We got the two of ours that became diseased removed by a local bloke who has a good relationship with the council tree group, he just phoned them and got the okay because they both had this fluffy stuff all over the trunks and the need was to stop it spreading to other trees....actually the tree group leader is a sensible man. I put in a request to prune one tree and he came out and said that we had plenty of trees and he would suggest removing the tree in question and not pruning, also removing two other smaller plum trees that were a nuisance as the fruit brought the wasps every year.

[LoftyLottie]

I must admit a good relationship with the council is essential. Fortunately the chap who did our arbicultural report for the development used to work for the council - it helped!!

[smurfchops]

OK neighbour not very helpful or friendly, and tree is a pine, and slightly listing over onto my fence. Just worried it will fall in high winds. Thanks for all your help , everyone.