to think my neighbour should pay half, if not the whole cost for this!

[LovingTheRain]

My neighbour knocked on the door this afternoon and told me she was getting a conservatory build onto the back of her house. She then went on to tell me that the tree in my garden is going to have to be cut down as the building guys have told her the roots will cause problems for her not yet build conservatory in years to come.

Didn't mention anything to her at the time, but since thinking about it, i think it would only be fair to ask her to pay for half, if not the whole job of having the tree removed. It's going to cost about £300!!! according to the company i called and described the tree and its size etc.

The tree is in my garden, is not dying in any way and we happen to really like it! I know i'm being selfish by not wanting it cut down but is it unreasonable to ask her to pay for it to be removed? There is no way i want to pay anything to have it removed, let alone £300.

I don't suppose there is anyway i can refuse to cut it down can I?

AIBU in asking her to pay? DH doesn't want to cause any problems and thinks we should pay for it!

[NeedaNewName]

Bloody cheek of the woman telling you ehat you have to do.

I wouldnt leave it.

If you are happy to let the tree go I would let her know and say something like

I've discussed the tree with DH, and we're happy for you to get it cut down - at your expense obviously

and leavei t at that. If she asks why calmly explain you wnat the tree gone, not us.

Not difficult, not argumentative, simple. Go on do it.

Of course if you decide you do want to keep the tree just let her know that you've spokent to your DH and you dont want to lose the tree so they may have to rethink their plans. Again simple, clear and consise.

[Mumsnut]

If tree roots grow so as to damage an existing building, you would be liable. BUT, I believe that building regulations require new buildings to take into account the nearness of trees and that foundations should be dug at 3.0m instead of 1.3m if there is a likelihood of the roots causing damage later. So are her builders taking a short cut?

I would get onto the planning officers at your local council and find out if permission has been applied for. She will HAVE TO COMPLY WITH building regulations whether she needs planning permission or not, btw, and will be sent a list of what regs she has to comply with. This would include depth of foundations and the 45 degree rule (ie, keeping away from boundary and not over-hanging your property). I really think you should get in touch with the council - when they send her her building regulations permission they might put the 3.0m requirement in there.

[TheYearOfTheCat]

How tall / old is your tree?

If it is a mature tree, it may not grow much more anyway.

My Mum has huge lime trees on her road - they would be less than 24 feet from the front of the house - she reckons they are the only thing holding her house up!

I am still because my neighbour paid a small fortune to have trees removed from his garden, and I showed my gratitude with a bottle of . .

. . wine .

[LovingTheRain]

The tree is 20 years old atleast (Not sure before that as we didn't live here)

Not sure of the height, have just been out to guess the height and i'd guess about 25-30feet. The trunk is only 6 foot but the branches grow up very tall!

[TheYearOfTheCat]

Can you post pictures of the tree?

I just checked out your profile. Great kitchen. And fantastically clean oven!!

[Qally]

"Neighbour also has a legal responsibility not to damage your property - and your tree counts!"

I believe you can legally lop off any branches or roots on a neighbours tree, that enter your property, even if that kills the tree, unless the tree is formally protected.

It's also worth bearing in mind that getting a tree protected status may mean you can't build a conservatory yourself - and nor could anyone buying your house. And any formal dispute with the neighbours can be tricksy when you want to sell, too.

I think finding out more about planning regs may be the best bet - if she has to build better foundations, that would obviously be the ideal solution. And calls to the planning officers are free, unlike solicitors!

Be a shame to lose a beautiful tree because she doesn't want to pay to have deeper foundations dug, if that is a possibility.

[kittykat765]

Certainly you can refuse to have it cut down. Trees absorb moisture in the ground and so cutting yours down is likely to leave a lot more water in the soil than normal. This will cause the ground to rise up and is called 'Heave'. This will cause similar damage to subsidence (cracking in walls etc.) and will be just as, if not more expensive for your neighbour to fix if any damage.

[SomeGuy]

If you want to know about the characteristics of individual trees, the people here will probably know:

www.wildaboutbritain.co.uk/forums/trees/

[LovingTheRain]

TheYearOfTheCat - have just put some pics of the tree on my profile

[curiositykilled]

She has no right to expect that you will allow the tree to be cut down but I would say in the interest of neighbourly relations, providing you are not really bothered about losing the tree I would agree to her paying to have the tree removed but you are definitely not under any obligation or responsible for the cost of this. Perhaps the planners would not agree her plans if they knew she was planning to cut down a tree to complete it or that it might interfere with the roots, they don't like that kind of thing.

[curiositykilled]

It's a lovely tree, I wouldn't want it cut down.

[Jux]

Dig your heels in. Tell your dh that you do NOT want the tree changed in any way; you WANT to the tree; you LIKE the tree. If you are firm enough he won't argue. Honestly, he'd rather argue with the neighbours than with you for the rest of your married life!

Just tell them.

[Mybox]

It's your tree not hers - just ignore her request.

[PussyGalour]

So much for love thy neighbor then
At the end of the day you have to live next door to her not us, do you love the tree enough to cause a dispute which you will have to note when/if you ever come to sell your house and might put people off ?

[scaryteacher]

I don't think JC had tree disputes in mind when he said that......

It's a lovely tree, and I would want to keep it too. I had a neighbour come round and demand I take down my shed and move my oil tank so he could get scaffolding up to reroof his barn. He was told no way, and when he said I was inconveniencing him as he had promised his builder they would be moved, I politely pointed out that that wasn't my problem, and smiled sweetly until he went away I also pointed out that if it is possible to scaffold around the conning tower of a submarine; then scaffolding over an oil tank and a shed shouldn't be too hard!

I think your neighbour is trying it on like mine was and trying to save money on the foundations. Contact the council and explain the situation and see what building regs say.

If you decide to be nice, then your neighbour should pay for the work as it is for your convenience not hers. My neighbour couldn't work out why didn't want to move my oil tank which had been there for 12 years for his convenience. He now has to ask for written permission from my letting agent to go onto my property as he hassles my tenants. If I'd fallen in with his request, it would never have stopped....take heed.

[Mybox]

No ordinary building work that requires a neighbours property be taken away or damaged is allowed. A conservatory isn't necessary but a tree is.

[Worzsel]

Beautiful Tree !

Leave it there, tell your neighbour to bog off !

[TheYearOfTheCat]

It's a really nice tree! I wouldn't want to remove it. How have your enquiries gone with the council re planning / building regs?

[FourThingsAndALizard]

Have just looked at your profile.
I think your tree is lovely.

And so is your nice clean oven. You might want to proofread the caption on that one though....

[Aussieng]

My understanding of the law is that you own everything above and below your land and only things like civil aviation rules etc override this.

Your neighbour is entitled (within the constraints of local planning laws) to do/build whatever they want on their property. Many if not most householders will be permitted to build reasonable sized conservatories on their properties under the general (ie effectively pre-approved) planning consents.

If your trees affect your neighbour's conservatory, you are likely to be found "guilty" of nuisance and will be liable for any damage to the conservatory.

I suspect your neighbour may already have taken legal advice because, I think they have been very astute in the way in which they have approached you. They have informed you at the outset of the potential risk your tree is causing to their conservatory and given you the option to remove the tree. I believe that you are not obliged to remove the tree but if you do not do so and your tree does cause any damage, I think you will quite clearly be liable for that damage which could be very costly.

The neighbour is quite at liberty to cut any trespassing tree roots back (even if this kills the tree so long as they have not maliciously caused this end result). If your main concern is the cost, I would suggest to them that they should do this, it is then their cost to bear and you have at least advised an appropriate course of action to them which would prevent any damage and you should not be held liable if they fail to do this ie fail to take reasonable steps to mitigate the risk.

If you can't afford legal advice, I would strongly suggest that you talk to Citizen's Advice - you really do not want to ignore this and end up liable for costly building damage in years to come or have to disclose a dispute when you come to selling your house.

[Ponders]

That legal decision that mumofagun posted earlier here was actually against the owner of the trees:

"My neighbour has a court injunction to remove all offending foliage from the boundary, make good my slabbing and pay all of my costs, a conservative estimate is he is looking at about 12 grand, ........ ooch"

ie the owner of the trees had to pay to make good the damage they had caused - the house concerned had been built about 8 years earlier with the trees right by the boundary. (Mind you one was a cherry, said to be notorious for widespread shallow roots, & the other a willow & I believe they are notorious for sucking moisture out of the ground, so not quite like yours, LTR)

Can't tell from that anything about adding a conservatory to an existing house, but judgments obviously are made against tree owners, so specific legal advice does need to be taken here

(Agree that neighbour is extremely lacking in tact & diplomacy however )

[bumpsoon]

If i were you i would ring the local council and ask to speak to their tree officer ,every council has one,and then ask their advice . They may well come out and have a look for you and be able to tell you if the tree will indeed interfere with the conservatory or house in the future .Alot depends on the tree species i imagine as some are obviousley quicker growing than others . Someone also made the point that should the builders need to dig foundations ,if the tree roots are in that vicinity ,then they will remove that part of the root system ,causeing the tree great stress and possibly damaging it irrevocably, in which case you could end up with a dangerous tree . The tree officer will also be able tell you if the tree has a TPO , if it does then they will decide if the tree can come down or not ,if it has dont touch it as you will face a massive fine . On the point of payment ,i would not be happy to foot the whole cost as the tree at present isnt causing any issues . You could ask a surveyor to come out and they will be able to tell you if the tree is causing any current problems ,if it isnt then i really dont see why you should pay. If it is ,then there is the chance you could claim via your buildings insurance i think . Good luck though as things like this are such a commen cause for neighbour wars !!

[bumpsoon]

its an ash tree ,we have one about three times that size in our garden and i love it too !!

[Casserole]

I also think she's come round and approached you in the way she has because she's already taken legal advice.

You need to do the same.