Potential tree damage from a neighbouring property owned by a company in administration. Scotland.

[BigBoysDontCry]

I'm not sure if Scottish law would be different in this scenario, but I'll keep it brief.

I have a small piece of land that borders the side of my house and there is a tree on that that is encroaching and is just too big to be so close. The land is still owned by the original builder and was never passed to the property management company for the estate.

The building company is in administration. The administrator has confirmed that they cannot organise or pay for anyone to remove it. They are happy for me to do so at my own risk and cost 🤔

Technically they say I can attempt to claim this back but there is unlikely to be funds available to pay me.

If anything were to happen in the meantime, are they obliged to hold 3rd party insurance to cover damages arising from their land?

Not sure what to do really. I'm not awash with funds myself but I worry about root damage or it falling into my house. It's about the same height of my house and the trunk is about 5 feet from the side wall but on the other side of my boundary fence.

Honestly, just pay and get rid of they are consenting. Don’t wait until they sell to someone who might object. Your insurance should cover you for property damage.

Agree with PP. I'd say if you want it gone then cough up as they've given permission.

I know you are right tbh, but Google estimates about £500 plus to get it removed and that's a lot to me in my current circumstances.

I don't think they'd care if I moved my fence out to include it in my property but I don't need any more garden and that would also be a cost for no gain really.

Any suggestions for a cheap way to remove a tree? 😂😂

It would be at least 500 to remove a tree probably more if it's large, I'd say, there's no cheap alternatives. I don't know how much of an issue this tree is for you. Only you can decide whether this is worth it. You could get it heavily pollarded

Have you spoken to you insurance to see what they would cover? They may be willing to cover the cost or try and force the owners to deal with it.

There is no current damage that I'm aware of, only risk, so the insurers won't be interested. The owners are a large building company that went into administration a few years ago, there are bigger fish to fry and no one to "force" in any real sense.

It's just frustrating.

I'll just need to get some quotes as I'd like it gone before we get into stormy weather. It's hard to describe but it's to the side of my house but in front of another. It's far enough in front of them that it wouldn't damage that house. Plus that house is owned by the council (long story) and is rented to people who have no interest.

I could easily kill the tree but it's then getting it down a removed that's the problem.

The estate is 23 years old and I can't remember it being a mature tree when we moved in. I don't even know what type it is tbh.

I guess it just sticks in my throat that I pay £20 a month to the factors for estate maintenance but because someone fucked up 23 years ago, the only bit of land that affects me isn't covered.

£20 a year is pin money, my estate fees are £220+ a year for absolutely FA…

what is making you think that this tree is damaging your property? If it only went in at the same time your estate was built then it’s unlikely to be causing any harm.

Yeah I'd love £20 a year, pity (as stated above) it's a £20 month.... 🤔 And what do you think I'm getting for the same amount as you?

I don't know that it's causing harm yet but it's about 5 foot from the wall of my house and the same height as it. I can literally touch the branches out my window.

If its no risk then why do I have to inform my insurance company of its existence and pay increased premiums?

Some trees are at more risk of causing damage than others. Depends on type, age, health and condition, habit, suitability of the ground it's in etc.
Can you post a good enough pic or pics to identify the tree and see where it is etc?

Thank you that would be useful, I'll get a better outdoor photo later when the rain stops but I've taken this from an upstairs window.

I think it might be some kind of willow. The ground is clay if it's the same as my garden. i.e. rock hard when dry and holds water when raining.

Sorry misread the £20/month. Yeah that tree’s a beast, reckon you can get to cut any of it cut down with help of neighbours- does it affect any of their properties/insurance? I’ve never heard of having to declare trees before, perhaps this is a Scottish thing?

Unfortunately (or fortunately for them) it doesn't really affect any other properties. I have an access drive to two other houses down that side so effectively like a small road and then they have their driveways and then the houses so I think that even if it fell in their direction it wouldn't reach the houses. It's a bit of a mess round there, there is a climbing plant that has wound it's way up the tree and other overgrown shrubs underneath. I've been maintaining the large ones that border my front lawn and now form a large hedge, but I never go round the side down that far.

I could definitely cut some of the branches closest to the house from the hall window with one of those pole-type trimmers - if it will cut through the thickness of the branches okay.

I just need to get a grip and get hold of the money and get a couple of quotes. I just get a bit overwhelmed sometimes.

As for declaring it, no, it won't be a Scottish thing. When you do your house insurance you need to inform them of any trees within a specified distance/ height in the same way that you have to say how close you are to water. It can invalidate your insurance if you don't declare these things.