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Hi Folks,
One of neighbours has a cherry tree which is growing on the border between out two properties.
It is now such a size that some big girthy roots are lifting the concrete fence posts up slightly and now has just started to move a couple of bricks on the patio, not by much, but obviously will only get worse.
Is there anything i can do about this? She's not the most helpful or reasonable of people at the best of time so before i go in i'd like to know what i can and can't do!!!
Cheers all!
You can cut the roots on your side of the boundary, but would be liable if you killed the tree or caused it to topple over as a result.
New patio with good deep footings, and surpsingly a new neighbour at the same time?
If the neighbours tree is causing damage they are liable for it.
You can have a nice conversation about it or sue their arse off.
Check it doesn't have a TPO.
It's a cherry tree there is no TPO.
They are the absolute worst tree to plant on a boundary and only selfish dicks do it.
Tell then about the damage and ask for the funds to cover repairs. They have no choice , they are liable.
I had this so I dug around the roots , marked up the boundary and cut a 6ft slice right down the side with a chainsaw. Looked like a surfboard.
I hacked the roots out and painted them with creosote. I then hammered a copper rod into the centre of the tree.
It survived.
Tell then about the damage and ask for the funds to cover repairs. They have no choice , they are liable.
I would caution the OP to consider if the adjacent occupier actually has any money. They may not, so threatening a civil claim would be pointless.
I certainly didn't. My next door are ignorant dicks, so the chainsaw precluded any discussion.
I would caution the OP to consider if the adjacent occupier actually has any money. They may not, so threatening a civil claim would be pointless.
It's what the public liability section on your household insurance is for.
That doesn't contradict my point.
There is some useful advice given above, some less so; there is no tree exempted from having a TPO placed on it solely by virtue of its species. With respect to the tree I suggest that you consult an arboriculturalist, however the London Tree Officers Association website has a useful resource page or if you can obtain a copy there is Mynors: The Law of Trees, Forests and Hedges. An arboriculturalist will be able to advise on the extent of any root pruning which may be undertaken and on the possibility of installing a root barrier.
That doesn’t contradict my point.
It doesn't. But if the neighbours have household insurance your point is moot.
Euphemism of the day.
But if the neighbours have household insurance your point is moot.
That's probably true but they may not want to confirm it, and/or the small print may need checking. 😀
The people who owned the house to rear of mine planted 4 3mt semi mature sapling cherry trees about 1 before they moved to upset my nextdoor neighbor as they did not get on it was deliberately done as they happily told us. When they moved out I topped the one nearest to me and told my nextdoor neighbor to do the same he did not and now has a wonky workshop due to roots and a purple birdpoo roof every late summer he regrets not lopping them down.
Trees in the wrong place are an arse just like those huge Eucalyptus.
Roots be gone if it was me
I'm not sure you can just chop the roots, it can make the tree unsafe. Not sure on the legal position. There are strict rules on the cutting of roots when installing underground pipes etc, they reckon a lot of trees that came down in the 1987 storm had lots of their root structure cut by utilities work.
That’s probably true but they may not want to confirm it, and/or the small print may need checking
Threatening them with legal action if they aren't prepared to deal with it amicably might focus their minds 😎
I’m not sure you can just chop the roots, it can make the tree unsafe.
+1
If the tree subsequently collapsed as a result they 'could sue the arse of you'.
As a general rule, going to court is an absolute last resort and won't necessarily be the huge cash cow you might think it will be. If both sides are total arses (eg STW posters) it could just drag on for years with spiralling fees on both sides and no actual conclusion...
I'd cut the roots and remove. They are fast growing trees.
We had one at the rear of our house (council owned field). It grew massive and covered our garden. Council didn't want to know so we hacked it down. During that time it had seeded, and we ended up with 20 or so smaller trees. I go over the fence every year to trim them back, They grow incredibly quickly. The council has never said anything.
Thanks all! I'm going to have a quick chat and see where that gets me....although i have a fairly good idea how it will go....a cantankerous single old woman who has been in lockdown for more or less 12 months!! 😀
Whose fence is it? If it is hers then there isn't much you can do. I wouldn't get to bothered about a few bricks moving on a patio, personally, but I know others may not feel the same. If it is bothering you maybe offer to go halves on a tree surgeon to significantly reduce tree. That won't stop the roots but should slow them and might mean you can cut a few. We have a cherry (came with the house) and I give it a good prune every few years. It also had a few roots poking up into the lawn. I cut some of them many years ago and it doesn't seem to have hurt it