Neighbours 50ft tree/conifer 2m away from property. Advice gratefully recieved!

[Dman77]

Hi Friendly tree experts.

 

Ive already checked in this section of the forum to see if my problem can be solved. There are similar threads but not exactly the same. Id appreciate some advice.

 

We are buying a house (early stages) and we are really worried that the neighbours 50ft ish tree/conifer which is 2m (trunk) away from our potential property (kitchen corner of the house) has roots all around our foundations waiting to cause untold destruction/subsidence.

No obvious cracks in exterior walls (no survey yet) but father inlaw has said to pull out the sale immediately as subsidence is a real possibility in ?years.

 

First of all - can anyone tell me what this is? This is a view from a neighbour (next to tree owner). Thats my potential house side wall.

 

 

 

(Never uploaded so hope that worked)

 

Based on that tree, what roots are likely? Shallow/deep, known for damage?

This is deep surrey near M25 and told clay is likely. House built mid 50,s.

 

I really dont want to start a long process unnecessarly if you kind folk think id be nuts to touch a property with this massive thing 2 meters away

Ps the neighnour also has 4 smaller ones half height of this 1 m each away along the boundary so probably root city down there

 

Any comments welcome. We really are stressing over this.

Cheers all

Dave

[Arborist]

That's a nice document to read through.

[Mick Dempsey]

Very often ime, the trees owner will accede to the removal.....if someone else pays.

 

It's often as simple as that.

[Mark Bolam]

Very true Mick, just got the green light on 3 biggies for this exact reason.

[Treeation]

The right to light is covered under the prescriptions act and rather than a right to light it would be better seen as a right to compensation. It is usually applied to the built environment, I know of no case law that applied it to trees or hedges and there were plenty of the latter before the HH law "simplified" things.

 

Interesting that you mention the kitchen because the right is taken to apply to "habitable" rooms and that then excludes rooms of transient use so the kitchen and bathroom don't count.

 

The act also fails to say what reduced level of light would be acceptable and while the owners of property with a high value may be able to engage in a litigatious bun fight in the name of compensation, Mrs Miggins probably can't afford it.

 

In short its a non starter where trees are concerned.

I believe Kithcens are included... see below taken from

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/9408/hedgeheight.pdf

 

Loss of light to windows

5.1 Introduction

High hedges can obstruct daylight to windows. Even if a window faces north, significant loss of

diffuse sky light can occur. The extent of the loss of light will depend on the distance from the hedge

to the window as well as the height of the hedge.

The guidelines given here are intended for use for the main rooms of a house. These include living

rooms, dining rooms, kitchens and bedrooms. Glazed doors can be counted as windows if they form

a major source of light to the room.

Loss of light to toilets, bathrooms, storerooms and circulation areas (hall, stairs and landing) is

deemed less important and such windows need not be analysed. These guidelines apply to dwellings,

and not to outbuildings such as sheds, greenhouses, summer houses, garages or workshops. Windows

to these structures need not be taken into account.

Where a dwelling has a conservatory, the opening between it and the house, not the front or side faces

of the conservatory, is taken as the window position.

[treequip]

I believe Kithcens are included... see below taken from

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/9408/hedgeheight.pdf

 

Loss of light to windows

5.1 Introduction

High hedges can obstruct daylight to windows. Even if a window faces north, significant loss of

diffuse sky light can occur. The extent of the loss of light will depend on the distance from the hedge

to the window as well as the height of the hedge.

The guidelines given here are intended for use for the main rooms of a house. These include living

rooms, dining rooms, kitchens and bedrooms. Glazed doors can be counted as windows if they form

a major source of light to the room.

Loss of light to toilets, bathrooms, storerooms and circulation areas (hall, stairs and landing) is

deemed less important and such windows need not be analysed. These guidelines apply to dwellings,

and not to outbuildings such as sheds, greenhouses, summer houses, garages or workshops. Windows

to these structures need not be taken into account.

Where a dwelling has a conservatory, the opening between it and the house, not the front or side faces

of the conservatory, is taken as the window position.

 

That's the HH legislation, we were on rights by prescription.

[Treeation]

gotcha

[Gbaz]

If the house is on clay, don't think that removing the tree is a guaranteed solution. Removal of the tree could actually cause bigger issues. Google ground heave.

[Danny Boy]

As mentioned, communicate with the neighbour. It's the best way to way to avoid problems.

An old couple who possibly can't afford to have them cut down & maybe too embarrassed to enter dialogue for that reason so be friendly & honest.

 

Offer to go halves on the cost but If it's the right house for you then in the grand scheme of things it may be worth paying to get them removed.

 

You may well find your home insurance may stipulate it.

 

Bear in mind though that nesting season is pretty much started now just for another spanner in the works!

 

Sent from my D6603 using Arbtalk mobile app

[peatff]

The was a local case where 6 Leylandii were causing a problem growing up against a gable and the owners of the trees wanted £4000 in compensation for the loss of the trees. The case went to court and they were told to remove the trees and the owners moved house after they lost their claim.

[Gary Prentice]

If the house is on clay, don't think that removing the tree is a guaranteed solution. Removal of the tree could actually cause bigger issues. Google ground heave.

 

There's more risk of heave if the house was built on ground that was already suffering from a soil moisture deficit due to the presence of existing trees.

 

Once the trees are removed, the soil recovers to a hydrated state and swells.

 

It's unlikely that these LCs are older than the property, which was built in the 1950's