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Tree roots from next door

27 replies

cashmerecardigans · 04/05/2017 20:59

We are buying a house which has a tree literally just the other side of the fence. It's tall and does impact on our light, but my major concern is the roots. We want to build a garage on the existing driveway, right next to the fence where the tree is. Can anyone help with advice as to whether we can get the tree removed as it is impacting on us, both from the root and light perspective?

OP posts:
DesperateHouseknife · 04/05/2017 21:08

Play the long game. Salt and copper nails.

ChardonnayKnickertonSmythe · 04/05/2017 21:10

Really?

Poison a tree,that's your advice?

theanxiousgardener · 04/05/2017 21:13

Have you tried speaking to your new neighbours? They might hate the tree too, but can't be bothered with the hassle and expense of removing it. Or they might love the tree and refuse and hate you for even suggesting it (not a good start with new neighbours I would say!).
I believe you are entitled to cut the roots which trespass, just as you can branches - but who would then be liable if the newly unstable tree then fell and damaged anything? Or if your actions killed it?
Remember also that some trees have preservation orders on them, and you need permission even to prune them, let alone build bang next door.
Tread very carefully is all I will say!

DesperateHouseknife · 04/05/2017 21:18

chardonnay

OP wants it gone. Trees don't have feelings.

Depending on the size of it, you may see some ground movement after you've murdered it. Something to consider if you go ahead with the garage.

cashmerecardigans · 04/05/2017 21:18

We have spoken to them already, but that was as we wanted to see if we could buy a strip of their very wide drive to make ours a bit wider. It was all very pleasant and they politely said no, but they did say that the local civic society were very keen on trees and it's also a conservation area, so potentially tricky. I'm not sure they would be too averse to it if it's clearly causing a big problem for us as it's a long way down their drive (their house is set much further back), but I just wasn't sure if we had any rights if it affects us. I also worry a bit as it's a huge tree and not that far from the house - no idea if potentially they could extend to the house and potentially cause problems.

OP posts:
cashmerecardigans · 04/05/2017 21:21

Just double checked and his email saying no to the drive didn't mention a preservation order

OP posts:
Liara · 04/05/2017 21:22

If you are in a conservation area you can't do anything to trees without getting permission from the council, as far as I am aware. Presumably you will also need planning permission to build a garage?

I would assume you can't get rid of it and adjust your plans accordingly.

littlemetalcar · 04/05/2017 21:22

how big is the tree? im not an expert but when we were considering an extension, we were told that we'd have to have deeper than regular foundations. a brick garage would need foundations too presumably.

we live in a victorian/ edwardian area with loads of trees in rear gardens lining the avenue and honestly, ive never given trees and root proximity much more than a fleeting thought and i'm the anxious sort.

Bluntness100 · 04/05/2017 21:24

Jeez, have you even moved in yet,,,you want to buy part of their drive, you want to remove their tree. They must be jumping with joy. Knock on their door, tell them what you would like now. I'm sure they will be delighted.,

cashmerecardigans · 04/05/2017 21:34

blunt, it's a bit complicated, were buying my parents home, so know them already.
We have an architect and will be applying for planning anyway for the garage so I guess we apply at the same time if we need to remove the tree, but will talk to neighbours first. The house is listed so we may not even get anywhere with the garage.
It's higher than the house, so pretty tall and comes over to the extent it nearly touches our roof, but I'm probably worrying too much in terms of damage. It's an old house (1800 ish), so no foundations to speak of.

OP posts:
littlemetalcar · 04/05/2017 21:35

to bang on a bit more, we sold our house earlier this year and our buyer had survey, no mention of tree concern (or anything else) was fed back to us via buyer. we have giant chestnut, oaks and birch lining the avenue and i have one about 15 ft from my front door.

ChardonnayKnickertonSmythe · 04/05/2017 21:41

The tree has an owner.

OP is not the owner, so it means not much what she wants.
What you are suggesting is criminal. And disgusting.

cashmerecardigans · 04/05/2017 21:45

I'm not sure if that was directed at me, but I'm not suggesting anything criminal at all! I just wondered if I had any rights if the roots impacted, nothing more.

OP posts:
ChardonnayKnickertonSmythe · 04/05/2017 21:47

No, that was at Desperate's post from 21:08.

Buttercupsandaisies · 04/05/2017 21:54

You have no right to light legally so that won't matter. Next door planted a whole row which not only blocked light to our kitchen window but also shaded our entire garden for half the day. We protested but lost. Legally if it's on their land they can do as they please.

Not sure about roots but there's nothing to say it's causing damage if wasn't picked up on survey

whatsthecomingoverthehill · 04/05/2017 21:55

The roots are already there. Anything you do should take account of it and not harm the tree.

Buttercupsandaisies · 04/05/2017 21:57

You won't be able to remove it without their permission regardless of your needs if it's on their land. Esp if not damaging you currently

Buttercupsandaisies · 04/05/2017 22:06

Says here that if it's a conservation area, all trees are automatically protected anyway
www.citizensadvice.org.uk/housing/problems-where-you-live/neighbour-disputes/

cashmerecardigans · 04/05/2017 22:07

Ok that's helpful, thanks. Interesting to hear the light perspective, I'm sorry to hear you've been so affected. We'll see where we go with the planning, as if that's a non-starter then it'll be a bit irrelevant.

OP posts:
gleegeek · 04/05/2017 22:15

Your poor prospective neighbours! I'd only buy the house if you were happy with it as it is, not with a view to inconveniencing the neighbours and making them feel guilty about a tree in their garden.
Since we moved here 10 years ago we've seen trees disappearing at an alarming rate. It's so sad and the environmental impact for the future worries meSad

ChardonnayKnickertonSmythe · 04/05/2017 22:20

Trees are disappearing everywhere and air pollution is reaching dangerous levels.

If this keeps happening our children won't have any fresh air.

DesperateHouseknife · 04/05/2017 22:21

4 billion trees in the UK. Number of urban trees has been increasing for the last decade. I wouldn't worry too much...

Personally I love large mature trees, but I'm not in the OP's situation.

ChardonnayKnickertonSmythe · 04/05/2017 22:23

Funny how you can love something but only when it's convenient.
And funny how you are happy to poison it.

DesperateHouseknife · 04/05/2017 22:23

ChardonnayKnickertonSmythe

Hilarious melodramatic drivel. Never mind the children, think of the kittens!

ChardonnayKnickertonSmythe · 04/05/2017 22:25

What kittens?

Hmm
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