My neighbours tree

[obeabdabother]

We are due to start building an extension soon and I'm struggling with anxiety over my neighbours tree.
(I am pregnant with a toddler and 2021 has been tough so please be kind to me!)
I'm in a semi detached and my adjoining neighbours have a tree, right on the boundary- but the trick is on their side of the fence, which isn't large but has been coppiced a lot in the past so has a truck about 45cm wide.

We are building close to my boundary (We have planning permission - which they fought) and therefore the trees roots are going to be damaged on my side as the roots will have spread under my garden.

My neighbours are pretty horrible to dh, me and my DS as they don't like living next to a young family as it's mostly retired people on my road.

We don't have a good relationship.
Obviously I need a party wall agreement which I'm sure they will want separate surveyors. I have budgeted for that.

But what do I do about the tree? They were planning to remove it pre my planning permission but didn't for some reason (they asked if the tree surgeon could access my garden which Dh said yes)

Obviously the tree will be damaged and will be dangerous when my foundations are built. Can they stop the building for this? Will they claim damages from us? The tree is not old or preserved etc.

We would only be digging on our garden, surely we are allowed to do that and it's not my fault the tree was planted decades ago along the fence line?

I think you can do what you like on your side of the fence.
Hopefully more knowledgeable people will comment and reassure you.

Thanks weather and a hopeful bump

I suspect they didn't remove the tree, at their cost, as they may possibly be hoping you will end up removing it at your cost.
If not, I think you have to have deeper foundations than normal and also put in some sort of root barrier system to stop the tree roots damaging your newly dug foundations.

Use piled foundations and a shallow concrete ring beam.

Make sure you put heave protection measures in place if you have clay soils.

Piles reduce damage to the roots and tree and heave protection is required in case they do cut down the tree after you have built your extension.

Probably best to employ a local Structural Engineer to provide the necessary design and details which your Builder and Party Wall Surveyor will need.

Good luck.

You can do what you like and anything your side of the boundary including the roots can be destroyed.
Your local council planning department can confirm (unless there are any TPO’s in place- but you’ve said no in this instance).

You will need advice such as @SkiingIsHeaven mentioned. My BIL had similar with a high conifer hedge which was about 6 feed from the build, but he was required to have special reinforced foundations which cost him £5k extra (15 years ago). He wasn't happy but no choice

I would definitely get a Structural Engineer to come and look. We're in the exact same position and the choice was either a tree survey and then something complicated and costly with the foundations, or £450 to completely remove the tree. Luckily our neighbours agreed to the tree being removed (at our expense)

If you kill the tree by cutting back to the boundary they can sue you for a replacement.

@Rollercoaster1920
"If you kill the tree by cutting back to the boundary they can sue you for a replacement."

I would be interested in what legal stated case that comes from! Contradicts all previous advice. Have you not see the couple that moved in and sliced half off a perfectly manicured tree shared with the neighbour but in the neighbours land...and said it would kill it?

@Rollercoaster1920

If you kill the tree by cutting back to the boundary they can sue you for a replacement.

Just not true.

First Google hit was the RHS which talks about liability if you trim a tree www.rhs.org.uk/advice/plant-care

Also Sutton Council.

www.sutton.gov.uk/info/200453/parks_trees_and_open_spaces/1126/trees/7

Don't make the tree die and become unsafe

You can legally cut back any branch or root to the boundary.

But if you kill it or make it unsafe by doing so, they can sue you.

It mught be worth approaching them and offering to pay to remove the tree.

Sounds like its something they were thinking about anyway, so would hopefuly not say no just to spite you, and also sounds like it might be cheaper to pay to remove the tree rather than getting specialist foundations dug because od the tree.

We are doing similar with our neighbour. Tree in same spot, right on boundary but trunk in our side. We want to eventually get a driveway put in and didnt want issues with the tree roots so have offered to pay to get it removed. They arent bothered about it so agreed, as then they wont have the hassle of maintaining it.

We got a quote for £700 and the tree is taller than the house so was a lot more reasonable than we were expecting! Work will be done in september after nesting season, by neighbours request.