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Trees in a new build home - HELP!

39 replies

wishtobuyadog · 28/09/2015 18:23

Hello.
I would REALLY appreciate any comment on this.

We are buying a new build house and just recently exchanged our contract.
Before we exchange, we went to see the house.
It wasn't snagging viewing, we just wanted to see inside our new house before exchange.

Then I noticed that there was a quite tall tree between our house and next door house.
I asked a sales lady and a site manager about which house would responsible for this tree.
They told us it was our responsibility.

The tree, planted only a two meters-ish away from the front door is an apple tree.
I don't want any tree right in front of our house.
The tree is already blocking a view from a room upstair window.
Also when the apples drop, I have to collect them before they rotten otherwise it smells, flies all over, makes our new paving dirty and high volume of food waste (I don't think we would eat them).

We asked them to remove the tree, which was apparently just planted a couple of weeks ago.

The sales lady came back today and said that we need a permission from a landscape architect.
Also there is another fruits tree is going to be planted in the back garden.
These two trees are not on the contract we agreed.

If the landscape architect refuses to remove the trees, do we really have to look after them?
When they get bigger, we need to pay a tree surgeon to prune and we need to keep collecting fruits from the ground?

We are thinking that this house would be our life time house.
I really don't want to keep collecting fruits from the ground, complaint from next door about over grown tree and keep paying to a tree surgeon to prune it until I physically can not do it.

I appreciate any idea, suggestion or comment on this.

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Palomb · 29/09/2015 06:58

You are making a mountain out of a mole hill. It's only a tree!

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goblinhat · 29/09/2015 07:05

Pull them up.

I imagine they are saplings, and only just planted- so roots will not yet be firmly embedded in the soil.

When you say it's "quite a tall tree"- how tall? Apple trees don't grwo very tall anyway, and I can't imagine they will have planted a full sized apple tree.

Pull them up or cut them off at the base. An apple tree would not survive being cut down to the base.

It's no big deal.

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nooka · 29/09/2015 07:16

Seems slightly surprising to me. Apple trees don't generally grow very tall, and while they need pruning don't need a tree surgeon (I've done ours no problem). Also they are usually quite small when planted, maybe four or five foot so I really can't see how it would be blocking an upstairs window.

If it is an apple you can prune it quite low, and if you don't like apples pick them before they are ripe and dispose of the fruit long before they get rotten.

Can you ask the agent what type of apple tree it is - you need to know if it's a standard or dwarf and how old it is. That will give you an idea how big it will grow and when it's likely to start fruiting.

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LIZS · 29/09/2015 07:18

Agree, fruit trees are quite pleasant and they will have picked a variety which won't affect the building. Sometimes planting is part of the planning conditions but that isn't to say you can't relocate them once it is yours. Ask your solicitor to check if there are any legal restrictions to doing so in the contract.

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nooka · 29/09/2015 07:18

Oh and just to check is your new house on an estate/development? It may be that there are rules for the area rather than the house (my sister was told she couldn't grow vegetables in her front garden by her development manager)

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yomellamoHelly · 29/09/2015 07:21

If it's only recently been planted I would pull it up on the day I moved in if I didn't want it.

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LIZS · 29/09/2015 08:15

To give you an idea we planted 2 Apple trees 3 years ago ( you need more than one variety nearby to pollinate). They are still less than 5foot tall and each produce only a handful of apples. Pretty blossom though.

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FiftyShadesOfSporn · 29/09/2015 08:19

I imagine that a protection order was placed on some trees when planning permission was given. There may also have been a requirement for trees to be planted as replacements for any removed during the build. There are heavy fines for removing protected trees.

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Pooka · 29/09/2015 08:25

Don't pull them up.

I imagine that if new build, planning permission was subject to a landscaping condition which would require the developers to provide details of proposed soft landscaping. If those details are approved, it would often be subject to a statement along the lines of "any trees or shrubs which are removed, die, or become diseased within 5 years shall be replaced by a specimen of similar size or species".

Check the original planning permission, and ask the developer to confirm whether if you remove the trees it would be your responsibility to replace at your expense. There may be a clause in the sale particulars passing that responsibility to you as new landowner.

Me - I'd be delighted to have a couple of trees and landscaping up make my house look prettier! :)

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iamEarthymama · 29/09/2015 08:34

This thread makes me feel really sad.
We need trees, and this is a fruit tree, you and any hildren will be able to see the seasons passing so clearly.
It's not dirty, it's part of the cycle needed to maintain your life on the planet.
Ok it will take a little effort to look after if you are the sort of person who finds leaves and blossom falling from trees a nuisance but honestly i think your new home will look wonderful with an apple tree nearby.
(I accept you may have health issues that will prevent you from pruning or sweeping, which would make your worries understandable)

I would be delighted; our 4 year old immature tree gave us 4 apples this year and we are thrilled.

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coffeebrewer · 29/09/2015 09:37

you wont have a fly issue, the ripe fruits will windfall if not picked after fly season is over, those that fall before will be immature tiny things

blackbirds etc will do a great job clearing up any windfalls fast and if they are a nice cooking or raw eating type and you dont like fruit then you could win some browny point and let the neighbours have them. it is unlikely to bear fruit like the cgi trees used in the cider adverts, your not going to be inundated with 1000's of apples each autumn

they also only fruit on old wood, so a light pruning each year and you will be blossom and tall tree free,

if its a house on a new estate why would you want your neighbours house to be your view?

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wishtobuyadog · 29/09/2015 11:32

Thank you for all of your comment.

I'm sorry to say but I don't like deciduous trees or fruits trees.
Well, I DO like them if I see them in a park or someone else's back garden but not in my garden.

Our current house, there are 16 trees in the back garden.
They are all deciduous and they give me a lot of job in Autumn.
We used to have a gardener but he wasn't punctual at all and chatting all the time so I decided to do it by myself.

I collect falling leaves in Autumn otherwise our landscaped garden grass would die.
Also birds poo everywhere so I have to clean our trampoline every time my kids want to go on it.
Quite large area of decking in front of our Summer House is covered in birds poo so I need to wash the decking also patio near the house.

A Couple of years ago I eventually asked a tree surgeon to remove three of them because they were close to the house, blocking a view, we didn't get much sun. If they were removed, I don't need to clean bird poo on patio and also it makes my Autumn work easy.
It cost me well over £1K to get them removed.
Pruning cost wasn't much different so we decided to get rid of them.
Now, we get sun, clean patio and moved trampoline to patio area so I don't need to clean birds poo before my children go on it.

I just appreciate to have a manageable sized garden.
I must admit that I enjoy gardening but I'd like to ENJOY the garden rather than feeling like a chore.

The fruit tree is called Malus John Downie.
RHS website says ultimate height will be 8 to 12 meters and 4 to 8 meters spread.

Also NHBC website states that a tree needs to be planted at least three quarters of the mature tree height away from the house.
I don't think it was planted three quarters of ultimate height away.

I'm not sure how height that tree is but when I looked outside from upstairs window, the tree was there.
I didn't look down, it was there.

If that was planted in the back garden then not too bad but not in the front, literally a couple of meters away from the front door.

I'm very sorry if I offended someone about this thread but I just don't want it in my front garden.

Pooka - I read that somewhere late last night on website. I think council is involved in this landscaping scheme so it might be protected for 5 years.
The site says that if the tree die or damaged during this time should be replaced by developer or owner.

Our solicitor is checking now.

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QforCucumber · 29/09/2015 11:43

Sounds like a large tree, we bought a new build last year and there is a tree in the front garden, an every other house has one so it will - when they are matured, be an avenue of trees along the roadside which i think will look quite pretty.
We are not allowed to remove ours, it is in the particulars of the sale but 18 months in and other than trimming the lower branches for tidiness it hasn't caused any issues, no birds or fallen leaves as yet, however ours is about 2.5m tall and quite a baby tree really.

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wonkylegs · 29/09/2015 12:14

I do think you are over-reacting even with your explanation. It is most likely to be a condition of the planning permission ( developers aren't known for adding expensive extras without reason) so it will not be able to be removed.
A single apple tree is really not going to cause you huge issues. We have 9 mature apple trees of various varieties and sizes, on or within the boundaries of our garden (+2 pears and 3 plums) and from the fruit trees leaf fall is really minimal, fallen fruit tends to get eaten by blackbirds surprisingly quickly, we have never had a problem with flies or wasps or smelly rotten fruit. Any fruit that isn't eaten by birds goes on the compost.
Bird poo on our climbing frame tends to be a problem due to elderberries/ other berries etc not apples. We also suffered from bird poo in our old yard and we couldn't even see a tree from that house.
Here the previous owners didn't trim the trees in 25years and they were fine just produced less fruit. We have them done every 2 years and last time maintenance of 14 trees cost us £200.
If it was in the planning permission then you should have noticed this when you looked at the details as part of your purchase process. Anybody buying a new build or recently extended property should check planning permission details as they will often contain details such as conditions and restrictive covenants. I suspect most people don't though and only realise when they find they can't do something they want to.
If it's not in the planning permission just remove it when you move in.

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PestoSwimissimos · 29/09/2015 12:21

I think having a tree, any tree, within 2 metres of your property is going to cause you issues with subsidence. It really is not a good idea at all, and I speak as someone who loves trees - especially fruit trees.

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Sanchar · 29/09/2015 12:29

We have 6 Scots pines on our property, all with preservation orders. I'd swop for an apple tree any day!!!

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DoreenLethal · 29/09/2015 12:33

Gosh what a nightmare.

Dig up the tree when you move in and move it further back and give the apples away.

Or dig it up and give it to me for our community garden, and I will swap it and replant something non fruity for you.

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DoreenLethal · 29/09/2015 12:34

Malus John Dowie is a crab apple by the way...collect the fruit and make jelly with them.

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wishtobuyadog · 29/09/2015 12:46

Thank you very much for your comment, QforCucumber and wonkylegs.

Yes, I might be over-reacting.

From my experience, I just now prefer evergreen shrubs/trees or ornamental trees like cherry trees or maple trees but not Fruits trees.
Well, I personally don't have any experience with Fruits trees but I don't have a good impression of them due to moaning comments from neighbours and friends.

Wonkylegs, I really hope the apple tree is like you describe.
Minimum fallen leaves and fruits will be eaten by birds.

My DH checked all documents last night and it said that you are not allowed to plant large trees and also says landscaping scheme is approved.
It doesn't mention what type of tree or where they plant.

We received a detail from a sales lady last night and the shows which type of tree and where they are going to plant.
We didn't have the information before we exchange so we didn't know about it.

On the Brochure, some trees are there but it says 'this is computer generated image only'

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Palomb · 29/09/2015 13:03

Cherry trees are deciduous fruit trees.

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wishtobuyadog · 29/09/2015 13:03

I agree with PestoSwimissimos. NHBC's webssite says that.
I think developer usually check these things so I found it a bit strange.

I wish I loved making jelly or jam, then I would be very happy.

I'm hoping to hear a good news from our solicitor.

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wishtobuyadog · 29/09/2015 13:06

Hi.
I'm sorry I meant Cherry blossom trees not the fruits cherry trees.

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wonkylegs · 29/09/2015 13:35

To be fair I think we've had more problems with the evergreen trees on our property than the deciduous ones. Pine needles are terrible for blocking gutters and the evergreens seem to be so thirsty compared with the deciduous ones, the ground around them is so dry it's like concrete.
Our ornamental cherry makes a lot more mess when the blossom drops than the fruit trees.
The apple blossom is beautiful but not quite as dense as the cherry.
Do check it's been planted in the correct location if you cannot remove it, if it's too close then I would have a chat with the planners about moving it to a more suitable position (which the developer should do for you without charge) as they may be more agreeable to this than removing it entirely.

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bruffin · 29/09/2015 13:45

I think having a tree, any tree, within 2 metres of your property is going to cause you issues with subsidence.

Depends, our whole estate was built on piling because of the existing trees. I have a huge oak in my front garden and 2 scots pines and a hawthorn in my back garden all have conservation orders on them. There was also an oak but we got permission to put take it out but had to plant a baby one in the back of the garden.

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FiftyShadesOfSporn · 29/09/2015 14:20

If it is within 2 metres of the foundations I THINK they should have been made extra deep.

Do you have a surveyor you can ask??

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