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[Closed] Neighbouring properties trees damaging our guttering and soffits.. what can we d

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I was wondering if you could advise on this little problem we have.

We own a 4 bed end terrace that we currently rent out.

The property next door is a care home run by a company for the local council. They have some very large trees that are overhanging our property and they are damaging the guttering and wooden soffits on our house to the point where the wood is rotten and needs replacing.

Here is a picture to show the trees, not a great photo though.......

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We have tried to contact the council but they say the problem is not theirs to deal with but the company who run the home.

We have spoke to the manager of the home a while back and she said she would look into it but that also they were not a priority as her budget for ground maintenance had been slashed.

We have since tried to contact her but have had no reply ?

The trees are taller than out house and in strong winds are hitting the side of the house.

All the wooden soffits on that side of the house and also either front corner are now rotten due to leaves falling off the trees etc.

They also block out a massive amount of light to the house as well.

what are the options available to us ?

thanks


 
Posted : 07/09/2015 9:37 am
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2 sacks of salt on the roots.... tree will go away


 
Posted : 07/09/2015 9:40 am
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First things first, borrow a ladder and cut the offending branches back enough that they're not touching your roof.


 
Posted : 07/09/2015 9:41 am
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Pay yourself for them cut back at your property border. I sympathize as I have a similar issue ongoing.


 
Posted : 07/09/2015 9:42 am
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you can cut back any branches that over hang onto your property.

Im not sure how the trees made your soffits rotten tbf - thats more likely neglect than anything to do with the trees.

"They also block out a massive amount of light to the house as well."

irrelevent.


 
Posted : 07/09/2015 9:42 am
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2 sacks of salt on the roots.... tree will go away

Does that actually work?


 
Posted : 07/09/2015 9:42 am
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Before you start hacking do check with the council there's no preservation orders or anything on them that means permission is needed to cut them back?

[edit]

[i]Does that actually work? [/i]

Even if it did wouldn't you just end up with a dead tree branch banging against the house?


 
Posted : 07/09/2015 9:43 am
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Your welcome to borrow my Chainsaw if you like 🙂

(Id like the logs for my wood burner)

On a serious note, just present them with an invoice for the damage its done to your house - that may spur them into action.


 
Posted : 07/09/2015 9:44 am
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"Before you start hacking do check with the council there's no preservation orders or anything on them that means permission is needed to cut them back?"

depends if you want them off your house this millenium, As soon as you know there is a preservation order on them you will become responsible for any damage that "may occur"

not that i encourage such behavior but having dealt with some of the people in these places you might as well bang your head against a wall when it comes to getting trees that are damaging property out the way....


 
Posted : 07/09/2015 9:48 am
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The wife has just got off the phone to the care home manager who has basically tried to palm it off again saying they arent sure if they are actually on the care home grounds property at all?


 
Posted : 07/09/2015 9:52 am
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This will in theory may be well down the priority list of the over worked home manager. How big is the care home ie is it part of a Group of Homes? If so, there will be someone at Head Office I/C of buildings and fabric.


 
Posted : 07/09/2015 9:57 am
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to the point where the wood is rotten and needs replacing

wood rots if its not protected, so what your really saying is the fascia's have rotted because i havent maintained them plus there is a tree near

check no TPO

cut down the branches


 
Posted : 07/09/2015 9:58 am
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Just trim them. While you've got the ladders out slap some paint on the soffits


 
Posted : 07/09/2015 10:00 am
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wood rots if its not protected, so what your really saying is the fascia's have rotted because i havent maintained them plus there is a tree near

Having bought the house at the end of last November and prioritising the inside to make it liveable for a tenant its something that I haven't done yet.

the original part of the house seen on the right as you look head on has been there as long as the care home and trees 1978 ish(in fact the house may have been there slightly longer) the original part is still fitted with the original wooden soffits and they are in fine condition.

The extension part of the house on the left has been there since mid nineties and the wood is totally rotten already, if you see the picture above the left hand corner by the top gutter has almost gone.

I should of been a bit clearer, I understand that I cant prove the trees did initially do the damage to the soffits, however the last time I was at the property in august I could quite clearly see the trees hitting the side of the property in the high winds we had.

I would like the trees cut back before I spend ££££ repairing the damage and replacing the soffits and guttering so it doesnt happen again.


 
Posted : 07/09/2015 10:02 am
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just cut them back if there's no TPO.

You can legally cut them back as long as you offer the owner the offcuts.

For soffits and guttering I assume you'll have a scaffold tower so access won;t be a problem?


 
Posted : 07/09/2015 10:04 am
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Just trim them. While you've got the ladders out slap some paint on the soffits

It really is all beyond paint tbh


 
Posted : 07/09/2015 10:05 am
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For soffits and guttering I assume you'll have a scaffold tower so access won;t be a problem?

Im hoping the company that I pay to replace them will have yes.


 
Posted : 07/09/2015 10:06 am
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You must check that there is no TPO on the tree - if there is and you damage the tree you can be prosecuted for it, even if you didn't know there was a TPO on the tree. It won't be terribly hard for the Local Authority to figure out who undertook or caused to be undertaken any unauthorised works which benefit only your property...

If no TPO, cut them off and give the offending branch(es) back to the owner.

If there is a TPO, apply for a permit to undertake the work(s).

It's that simple.


 
Posted : 07/09/2015 10:10 am
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You can legally cut them back as long as you offer the owner the offcuts
+1 for this
My stepdad did this, the neighbor was quite upset for a while until one of the untrimmed branches fell and crushed my stepdad's shed. They reached an understanding after that about why crack willow has that name...


 
Posted : 07/09/2015 10:10 am
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how can the care home manager deny that the trees are part of the care home's ground, surely there's a fence or a border of some sort. I'd ring the care home mngr, say come out and meet down here now and I'll show you and then you can speak to them calmy about a way forward. But failing all that just get up a ladder and cut them off yourself then chuck the branches over the fence, it'd take less than a mornings work judging by the pics.


 
Posted : 07/09/2015 10:14 am
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The start of said branches is higher than the apex of the roof by some margin.


 
Posted : 07/09/2015 10:17 am
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Just to reiterate, in case it got lost in the above, lack of knowledge of the existence of a TPO is not a defence.

And it won't be hard to figure out who might be responsible for any works.

Check there's no TPO before doing any works to the tree.


 
Posted : 07/09/2015 10:24 am
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All the wooden soffits on that side of the house and also either front corner are now rotten due to leaves falling off the trees etc.

Leaves falling off trees don't make bits of building rot, you've not been maintaining the soffits.


 
Posted : 07/09/2015 11:12 am
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Im not sure how the trees made your soffits rotten tbf - thats more likely neglect than anything to do with the trees.

This and that ^


 
Posted : 07/09/2015 11:34 am
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Leaves falling off trees don't make bits of building rot, you've not been maintaining the soffits.

+1
sorry not meaning to sound harsh and its a pain to have to cough up for, but they've had 20 years up there without maintenance so yes they will rot
The rain may well have been driving at that wall as well.

Just sort the tree yourself as unless you've got pictures of when you first noticed it or can get a surveyor(£) to state it is the tree's fault its just going to get worse.
bite the bullet and replace them with UPVC esp if your renting it out. zero maintenance.


 
Posted : 07/09/2015 11:35 am
 joat
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I wouldn't worry about a TPO if you just want to trim them back to stop further damage to your property. TPOs don't overrule nuisances, just do a tidy job and take some better pictures of the problem. Councils haven't the money to bring a court case against you for a little trimming back.


 
Posted : 07/09/2015 11:47 am
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Keep correspondence where they have refused to take action, get the trees pruned yourself, present bill, go to small claims if necessary.


 
Posted : 07/09/2015 11:51 am
 ski
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Dig up your curb stone and wang that at the branches 😉

Just trim them yourself


 
Posted : 07/09/2015 11:55 am
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If anything the tree has likely been sheltering the house, not damaging it.
I cant believe you even have to ask the question. You are perfectly entitled to cut vegitation that overhangs your land from a bordering property, but check for a TPO.
Wood rots because it has been left unprotected, it does not rot specifically because the tree brushes past it. That may wear the paint, but it doesnt happen overnight, nor does tree growth.


 
Posted : 07/09/2015 12:55 pm
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I think STW rules apply here which is to trim branches and take a branch to the manageress and hoof her in the slats with it!


 
Posted : 07/09/2015 12:57 pm
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So...
Can you cut the branches yourself?
Yes - Do That

No?
Either pay somebody to do it and try and get it back from the other people
or
Wait until they do it


 
Posted : 07/09/2015 12:59 pm
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Pretty much as everyone says about the trees.
The one thing that would wind me up is that yellow kerb stone. I'd be moving it one or two places to the right in order to have proper access to the drive.


 
Posted : 07/09/2015 1:02 pm
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The trees were probably there before you bought the house, so it's hard to kick up a stink about it and get taken seriously. Also, if you were paying for your mother to stay at the home, would you like to know that £50 of this month's bill went toward a private neighbour's tree complaint rather than an extra couple of hours of essential care? It's a hard one, two sides and all.

I would just sort it out quietly, TPO aside (you could easily argue you called the tree owner who did it themself and there's no paper trail). Get a trio of cheap hack n slash guys out as it's not the health of the tree you are concerned about, call the home to say you're doing it.


 
Posted : 07/09/2015 1:46 pm
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I think STW rules apply here which is to trim branches and take a branch to the manageress and hoof her in the slats with it!

Nuke it from orbit, it's the only way to be sure.

Also, if you were paying for your mother to stay at the home, would you like to know that £50 of this month's bill went toward a private neighbour's tree complaint rather than an extra couple of hours of essential care?

Actually I'd fully expect maintenance to be budgeted for into whatever I pay. Where else is the money going to come from?


 
Posted : 07/09/2015 2:17 pm
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I had similar with a tree in a shared garden (flats) that was banging in the wind against my landing window. To access the tree to cut it back myself meant I had to get access to the gardens anyway, so rather than trespass I asked one of the residents and they gave me the number of the management company just to be nice.

They were distinctly unhelpful saying that while they managed the flats and gardens the question of access was one for the residents association.

So as they were being ****ty about it i wrote to the residents association and the management company together and asked them to sort it within 4 weeks or I'd take it as their acceptance that they wanted me to contract to a 3rd party and send them the bill.

Was fixed within the week.


 
Posted : 07/09/2015 2:54 pm
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When I wa slast aat the house in august the trees were actually banging against the side of the house in the high winds.

Im fully aware that the current soffits and guttering may not have been maintained by whoever owned the house before we bought it last november however, if Im having to pay a lot of money out to repair the wood and then fit pvc soffits etc I dont want it to happen again.

The trees have been previously cut back so I cant see a reason they cant cut them back now.

What would happen if a big branch was to fall off and damage my roof etc.

Whos responsible then ?


 
Posted : 07/09/2015 3:48 pm
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dont disagree with ^ but if thats what you've told them your suggesting MAJOR tree surgery not just lopping off a few twigs which they've probably not allowed for...could they do it from their insurance?

If they are doing it then, your right give it a proper prune

😕


 
Posted : 07/09/2015 4:02 pm
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The trees may have been cut back after obtaining permission if there's a TPO.

You can't assume that because a tree has had work done before that there is no TPO.

Ignore the previous posts from others to the effect that a TPO doesn't stop you from trimming branches that are a nuisance - it does prevent you doing that (even if it was causing subsidence through its roots it would still be protected and you'd still need permission to undertake works) and you'd still be criminally liable for damaging a protected tree.

Check the TPO status before doing anything.

You'd be surprised what local authorities can find the budget to do (i.e. prosecute) if they're minded to.


 
Posted : 07/09/2015 6:17 pm
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The trees have been previously cut back so I cant see a reason they cant cut them back now.

What would happen if a big branch was to fall off and damage my roof etc.


They don't have a budget for it, quite simple money is stopping them doing it.

If a branch damages your house see your insurance.


 
Posted : 07/09/2015 10:34 pm
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cheap wooden soffits rot very quickly 15 years and some can fall to bits in your hand.. the trees havent damaged them they might damage your guttering though. just bung some member of the caravan club some cash to cut them back.. no paper trail no liability everyone sleeps easy..


 
Posted : 08/09/2015 12:52 am
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If a branch damages your house see your insurance.

Putting neglect to one side. Why should the OP be out of pocket because someone else couldn't / wouldn't cut the trees back?
If I let my bike fall over in traffic onto the front wing of your car and dented it, would you be so happy to claim on your insurance?


 
Posted : 08/09/2015 8:24 am
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You say cheap wooden soffits will rot away within 15 years.... the rest of the same soffits towards the middle of the house are absolutely fine!


 
Posted : 08/09/2015 10:31 am
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do you mean,
[/i]higher[i] up the gable (on the slope looking from the side) or on a different elevation (where the rain blows into it in a different manner) 😛

why dont you draft a letter and send to them giving them 2 weeks to get it sorted before you instruct your insurance company to undertake the work and then claim back from them - should provoke some form of action? The tree is as you say their problem, not yours


 
Posted : 08/09/2015 12:18 pm
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renton - Member

You say cheap wooden soffits will rot away within 15 years.... the rest of the same soffits towards the middle of the house are absolutely fine!


If they are North facing, then they may get little sunlight and be more sheltered, thus take longer to dry out etc.


 
Posted : 08/09/2015 12:37 pm
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sun starts on front of house in morning and makes its way around that side of the house in the afternoon and we have then sun in the back garden from about 3 onwards.

we have a window on that side of the house that has blown too?


 
Posted : 08/09/2015 1:04 pm
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So looking at the pic, the side nearest the trees faces south. Well it looks like the trees are sheltering (from sun and wind)that side, so possibly that side remains wetter for longer than the front or rear?
Having said that, the soffets on the front look pretty ratty.

*edit* are you also trying to suggest the trees on that side have caused a DG Window seal to go as well?
You need to stop trying to find someone to blame for everything FFS.


 
Posted : 09/09/2015 10:33 am
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I reckon those trees made your car tyres wear out, your last bike not fit you, and your new one not steer properly you know. I'd totes be suing the trees if I was you, there's no way it can be the fault of any other action or lack of.

😉


 
Posted : 09/09/2015 10:36 am
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OP - have you done as stimpy has suggested about 5 times now???


 
Posted : 09/09/2015 11:13 am
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Lets just get one thing straight.... Im not trying blame anyone for anything, I am merely stating facts.

All of the house windows were replaced at the same time. The only one that has blown and has two inches of water at the bottom is the one on the side of the house the tree's are.

All of the soffits and gutterings are fine apart from the gable end and the corners on the side the tree's are, whether or not that is down to poor maintenance from the previous owners I dont know ?

It may be a coincidence or not ??

All I want to is have new soffits and guttering all round the house and I know its going to cost quite a bit to do, I dont want someone elses trees damaging them once I have done.

For me to cut the branches back will be very hard and if I pay someone else to do it will cost quite a bit to do.

Oh and you maybe onto something with the tyre wear etc 🙄


 
Posted : 09/09/2015 11:22 am
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According to my local council website there are no TPO on the trees.


 
Posted : 09/09/2015 11:31 am
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Don't know why you're getting so much grief over this, to be honest.

The trees could be providing more shade along that side of the house, so the soffits aren't drying out when they get wet; they are staying wet/damp for longer so they have rotted quicker. It could be a factor.

Whether getting the branches trimmed back enough to prevent it happening again; I am not so sure about.
But, I would want the trees trimming if the branches are actually hitting the house on occasion.

Hope you get it sorted.


 
Posted : 09/09/2015 11:37 am
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Is there a smilie for banging your head against a brick wall?


 
Posted : 09/09/2015 3:58 pm

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