Unstable tree

[Toriuscowus]

We have a row of large Leylandii trees along our front garden, 50+ years old, 25m tall, and have been topped and maintained in the past. They were overhanging a dead space piece of land, and the owner was happy for them to continue growing like it.

 

However we have since had a developer buy the piece of land next to us and the trees, and he has given over the land directly next to us to the council as an adopted footpath, and the rest is his new property, so the branches over hang the footpath and reach into his garden. He wants us to take the branches all the way back to our fence line, which having had a tree surgeon in to take a look, he has deemed taking them that far back would completely destabilise the trees. So we have offered to reduce the width, so they would only be overhanging the path not his property. Which we are unsure if he is able to do this as adopted footpath is surely the councils responsibilty?!? However he is not happy with this and wants to take all the way back to our fence. 

 

When it destabalises the trees, is he liable? Or for any further damage to our property, trees and cars if one was to come down in winds? Or do we have to actually wait for something to come down for it to cause damage before we can sue? 

[Mark Bolam]

Don't let your trees grow over other peoples land and there won't be a problem in the first place.

[Mick Dempsey]

It won't déstabilisé them, if it worries you top them by 1/2 at he same time.

[kevinjohnsonmbe]

Leylandii:

 

"...Grows rapidly to 30m in any soil, then blows down..."

 

Johnson & More. (2004.) Tree Guide - The Most Complete Field Tree Guide to the Trees of Britain and Europe. London: Collins

 

Just saying loike....

 

 

[Marula]

The developer can cut the branches up to his fence line and not beyond, it is his problem not yours! If he doesn't like it then he can cry to the tree officer who will tell him the same as that's the law.

As for destabilising a tree, yes, in theory it can, this will depend on the size of the limbs, how much is taken off one side, soil type etc etc, there's many variables and cannot be judged to be true or untrue over the internet for this specific site.

[Mesterh]

In reality if he does cut back to the boundary and in the future one does blow over causing damage the relevant insurance will pay or and that will be it. It would be up to the insurance to try and claw back money if they thought it was worth their time which it probably won't be. They/you would have to prove that him cutting the branches off caused the the tree to fall down when it's likely the height at 25m+ plus would be the real cause. I've been too many wind blown leylandii and height is nearly always the issue, along with a bit of wind of course.

 

I would get the height reduced and let him do what he needs to do. Life's to short to be worrying if a tree is going to wipe out your property, especially 80 foot leylandiis.

[Mark Bolam]

Life is also far too short to be re-reducing 80' connies.

[Mick Dempsey]

Life is short, but mortgages are long. Was doing some today.

[Marc]

Tori, bury your head in the sand and let him deal with it, as long as they are safe and checked over by a qualified Arborist your not obliged to do anything.

 

however as stated here he is allowed to cut back to his boundary providing the trees are not protected which I doubt they are.

[Marc]

1 hour ago, kevinjohnsonmbe said:

Leylandii:

 

"...Grows rapidly to 30m in any soil, then blows down..."

 

Johnson & More. (2004.) Tree Guide - The Most Complete Field Tree Guide to the Trees of Britain and Europe. London: Collins

 

Just saying loike....

 

 

Very lovely Leylandii in Maidenhead that is TPO’d and rapidly reaching 30m doubt it’ll blow over anytime soon, and first Leylandii I’ve seen that has a TPO