Boundary issue / overhanging tree

[SolemnlySwear2010]

We have been in our property for just over 2 years now and we have a very large (willow?) tree that is right beside our boundary and is on the neighbours side. This thing is huge and overhangs our house and garage - we have already had one of the neighbours smaller trees fall onto our garage roof today with the storm, and we are concerned that this massive tree is going to end up through our roof.

We did privately speak to a tree surgeon a few months ago and were quoted around £3,500 to cut the big tree and the surrounding smaller trees to a more manageable height. However, we simply 1) do not have the funds for this and 2) do not want to pay out if it is our neighbours responsibility.

Are we able to ask the neighbour to maintain this tree? We don't really have any relationship with them but also don't want to cause tension /bad feeling. The tree is too tall and in an awkward place so we couldn't cut any of it without professional help.

Thank you

It’s your neighbour’s tree, they aren’t obliged to cut it. You can ask if they will do it but they might say no or ask you to pay for it if you want it doing.

Be aware that if you decide to get a tree surgeon to trim it, you can only cut branches overhanging your garden. You can’t reduce the height of the tree. Also, cutting branches on one side only may make the tree unstable and more likely to fall. You also need to check if the tree has a tree preservation order before you do anything.

Hi,

Thank you for replying. It's so strange if that if this were any other kind of housing issue it would be legally their responsibility (unstable wall etc) but because it's a tree, the responsibility and cost become our issue.

What would happen if the tree did fall and cause damage to our house / garage? I am assuming we could take legal action if we have previously asked them to maintain the tree and they haven't?

If it can be proved they were negligent, were aware the tree was diseased / dangerous and did nothing about it, then you could take legal action if it damaged your property.

However it doesn’t sound like that is the case. You being worried just because it’s a large tree doesn’t mean it is diseased or dangerous. So you’re unlikely to have any legal recourse if it fell.

It IS their responsibility to maintain to the tree but generally that means doing nothing. You haven’t said that the tree is diseased, just that it overhangs your property and you are concerned that IF it fell down, it would damage your house. Did your tree surgeon tell you there were any specific problems eg disease, a top heavy canopy?

Trees have evolved to withstand the weather. Healthy trees don’t usually get blown down in storms. Usually the issue is the tree is diseased or damaged (presumably your tree surgeon would have told you if it were), the tree is unstable/lopsided/leaning (again the tree surgeon should have advised you if it is, and note my previous point that one thing that will make a tree unstable is lopping off branches on just your side), or the root system is compromised (eg it has shallow roots because the soil is shallow or the ground is so saturated, it gives way).

If we chopped down every healthy tree that could potentially cause damage if it fell down, there wouldn’t be many left…

Cutting off branches just because they overhang your property is not their responsibility, if the tree is healthy. You have the right (if there is no tree preservation order) to cut them off at your expense but be aware that it could make the tree unstable. It requires expert knowledge to do it properly, it’s not a DIY job. You can’t reduce the height of the tree. If there is a TPO, you would need permission from the council to do anything. You have to offer back to the neighbour any branches you cut off. If they don’t want them, it is your responsibility to dispose of them at your cost.

If it did fall down and damage your property, it would only be their liability if they hadn’t maintained it properly (eg it was diseased). A healthy tree blown down in a storm is usually an “act of god”.

You moved in just over 2 years ago so this hasn't just grown up overnight. It was there when you viewed the house.

You need to talk to your neighbour if you are concerned about the tree but chopping it down on the off chance it might blow down in a storm is an overreaction.

I would talk to another tree surgeon to get some advice on that one tree alone so you know potentially what it would cost you to have the work done with the neighbour's explicit consent.

I have just had a crown reduction on my tree because the height was impacting my neighbour. We have been neighbours for over a decade and we just keep things nice and polite between us because we share a fence at the back of our houses.

Talking to your neighbour about the tree should not sour anything. They don't know you have an issue with it unless you talk to them. You could put a note through their door asking to come round and talk about potentially reducing the height of the tree so that it gives them time to discuss it themselves before talking to you.

Are you sure it is a willow? Willow roots can cause structural damage, I would be more concerned about that.

TBH, I am surprised that a willow tree so close that it overhangs your house didn’t come up as a potential issue in your survey. Didn’t your mortgage company and insurer ask about large trees close to the property?

BTW, if the trunk of the tree crosses the boundary, it is a joint responsibility between the 2 properties (even if it was originally planted in their garden).

If you are very concerned about the tree, maybe a first step would be to see if the neighbours will agree to a professional tree survey report to see if it poses any risk or, at least, allow access to your tree surgeon to check the tree?