A Silver Birch Tree stands 60ft High and is 11ft from the front elevation of 2 semi-detached Houses. If the roots go out as long as the height of the tree, then the roots will go the length and depth of the houses.

Looking at the rules for removing a tree, it would appear that damage has to be demonstrated to be occurring. This seems unfair a cost to the land owner, because by the time that damage becomes apparent, the cost runs into thousands as well as depreciating the value of the property due to a subsidence claim. the 2 together would outweigh any financial value of the tree which i gather is calculable.

But it seems to me, that the council is not concerned about any financial cost to the landowner.

Is the Tree actually under a Tree Preservation Order?

it is now with effect from May this year

You haven't actually stated what the problem is? I presume that their is no idetifiable damage at the moment.

The value of the tree is calculable and I would expect this one to be at least £10,000.

As for the roots, yes they will travel a long way, but every tree has its own characteristics with roots, do some research, or ask the council tree officer. Some trees have roots that are deep.

You can also dig a slip trench in your garden (if you have grass that is) 1m deep and see if any roots are visible, if you find them then contact the council and tell them to come and remove them.

The council will not take preventative action over something that may never occur, they will only take reactive action.

Your best bet is to locate the roots on your property.

the tree is within the boundary of our property.

Does the TPO mean that the council is repossible for its pruning and for removal of roots ?

I did not realise that the tree was in your property.

I afraid that all responsibilty for the tree belongs with you. Having a TPO order on your tree sucks, as now you cannot do anything that affects the tree without council approval, and yet you have to suffer all the costs.

Tree's are a big issue with councils, as we are generally losing more than are replaced, espcially Elm Trees. So your tree must be fairly impressive for the council to have stuck a TPO on it.