Tree damage to wall dispute

[Mr Happy]

Cut and pasted from my facebook to save typing out again.

 

chap from around the back says my tree is damaging his wall and he wants me to chop it down, I said its a mature tree and been there for years and is a benefit to everyone, it cleans the air, brings wildlife into our gardens it looks beautiful and I like it.

He said it doesn't matter its under threat anyway there is a disease that is killing Ash trees, I said then its our duty to protect it.

He said ok just needed to let you know, the ace I never mentioned is its not my tree its growing on his land just leaning over mine because it knows he hates it, permission to enter my land to remove it is denied and the small portion on my side has permission to remain, not sure why you would build a wall on a tree anyway, don't know how it will stand up in court and cant afford to fight or have it chopped down.

 

The tree is on his side of the original border fence, even the original fence netting is still on my side,

[ATTACH=CONFIG]46298[/ATTACH]

The issue I have is if he decides to charge me for the damage to the wall I am quite happy to make him aware that the tree is on his side and he must pay for it,

 

I would like to keep the tree because it is a beautiful tree and makes the view from my house very pleasant compared to a poorly build breeze block wall, If I refuse him access to remove the tree can I be liable for the cost of the repair of the wall, can I refuse for him to have the tree taken down because some of it is on my land without risking any penalty?

 

 

haven't received an official complaint yet but just wanted to be prepared.

 

 

Cheers

 

 

Steve

[honeybee13]

Hello there.

 

Bit of a long shot. Here's something on Tree Preservation Orders.

 

http://www.planningportal.gov.uk/planning/appeals/otherappealscasework/treepreservation

 

My best, HB

[unclebulgaria67]

As Honeybee advises the neighbour may not be able to remove the tree anyway, if it was there before the houses were built. Before you remove any long established tree, you should always check whether there is a preservation on it, as if you find out after cutting it down, that it was protected, you can get fined.

 

The neighbour is able to go onto your land to maintain the wall of his house, so you would silly to reject this, as you could incur costs/time wasting, if this ended up in court. Would not help you in selling the house in the future, if there is a neighbour dispute registered.

 

Doing what is necessary to the tree is helping to maintain the wall of his house. The neighbour should get professional advice from tree surgeons. Removing a tree in the wrong way, can actually cause more damage to walls, foundations and drainage, due to heave. If there is any chance of your property being affected, you need to make sure your neighbour is employing qualified professionals to carry out the work to the tree.

[Mr Happy]

Its not actually anywhere near his house its a wall at the end of his garden, its a very poorly built breeze block wall that was built a few years ago, the tree was there then and he built the wall directly next to the tree, the wall is about a foot on his side of the land because there was a tree (the tree) on the border, how can you build a wall next to a tree and expect the neighbour to pay for repair when the tree grows, every one knows trees grow.

 

If it was his house it was next to I would not hesitate in allowing for it to be removed.

[unclebulgaria67]

If the tree is on his land, then he can get it removed, as long as it does not cause any damage to your property.

 

You have no responsibility here. If he wants to have tree surgeons access your garden to chop off branches and to clear up any mess then you might as well let them. You really don't want any dispute that might cause you lost time and money.

 

You could phone the council to check whether trees in that area are subject to any preservation order.