Rights regarding overhanging tree and empty neighbour's house after move into care

[Julia2478]

Hi, my daughter who owns a terraced house in London, her neighbour who is elderly and owns her own home has been taken into a care home as she has dementia and was wandering the streets, she has no relatives. As the neighbour is no longer there (been away for 6 months) and we don’t know how long she may be in care, the garden and very large tree is encroaching on gardens both sides. Neighbours and my daughter are worried about the house being empty (water and gas leaks etc). Does my daughter have any rights to find out more and to ask if the house will be sold, so a developer may remove the tree and tidy up the garden. The tree has very large branches (1 foot in diameter) overhanging my daughter’s new garden office. Any advice appreciated, thanks.

Rights regarding overhanging tree and empty neighbour's house after move into care

Unless a TPO can't you have the overhanging branches cut off? I believe you have to offer them back to the owner...

Or if you are my neighbour you could just cut it back regardless...
Twats.

You can chop back the branches that overhang your garden, that are encroaching into your airspace. But you should wait until after bird-nesting season. Also you should offer the branches to your neighbour as they're technically hers, but in this case I think I'd just dispose of them. You can't just dump them over the fence as this is like fly-tipping.
Edit: good point about the TPO. You should check with the council about if there's a TPO before taking any action.

If the neighbour has been taken into care then I would start by contacting Adult Social Services with the concerns about her house.

There should be a team who deal with the finances of anyone taken into care in a situation like this or they will have appointed someone else to do it.

You might find this helpful regarding the trees: https://www.rhs.org.uk/plants/types/trees/the-law

Each branch (3) is around 1 foot in diameter and around 15 feet long so beyond my capability. Thanks everyone for suggestions, I will get onto social services.

Chop it back and throw the branches over.

Social services won’t do a thing

I have this same problem except the old woman is still there and refuses to do anything about it. The tree is higher than my roof and would cause serious damage if it fell or a large section broke off, but hesitant about cutting back on my side in case it makes it unbalanced and more prone to storm damage. Your daughter is perfectly entitled to cut it back on her side but she would need to speak to a tree surgeon, they can advise on stability and that sort of thing.

Social services won't do a thing. Do you think the social worker is going to come round and mow the lawn and cut back your neighbours tree for you?

The easiest thing to do is to maintain the garden yourselves.

Only when the neighbour dies will an estate agent get someone in to tidy stuff up.

I had this same situation when I was a care home manager. My residents next door neighbour used to come to my office to complain to me about the overgrown grass and asking was there anything that could be done. Yeah, I'll go and mow her lawn shall i?

Also check if you’re in a conservation area.

This may not be true. If they are funding her care it may come under protection of property.

Local Authorities have deputyship teams who look after the finances of those in their care

They will be responsible for looking after the property until such time as it is sold

She’s bound to have a relative somewhere who will appear when inheritance due! 🤣

Inject it with mercury.
It will kill it.
Don't admit it, however!!!!
One of my friends said he did this (though I am not sure if he carried through with it!) - he was an industrial chemist.

Once nesting season is over- pay for a tree surgeon to cut back the overhanging branches. Keep the trimmings. Put a letter through the door saying what you've done and offering the branches back. Leave for a reasonable time before getting rid of the branches.

Our neighbour didn't want us to have her overhanging tree trimmed but she didn't have a choice.

If the tree branch is a foot in diameter it must have been over your daughter’s fence for many years. Did it not inconvenience her long before the NDN went into care?

That sounds absolutely nuts no harm to your friend. Mercury is a hideous environmental toxin.
I don't mind the tree, it attracts wildlife and gives a bit of cover and privacy at the back, but it needs some severe pruning and to be cut down to a more reasonable size. But at the moment, it scares me witless during the winter storms.

I had similar and I spoke to adult services, stressing the dangerous situation. They were able to give me the contact details of the company who had been appointed to manage my neighbour’s property. They sorted out the issue and eventually (after a few more years) the property was sold.

She has some rights relating to the tree but the house being empty is none of her concern.