New crack in the problem tree

[leslie10]

There is a large tree, probably 30m metres + high on a neighbouring land. The ground slopes at around 45 degrees toward my house and the tree is around 10 metres from the house. If the tree were to fall in my direction it would likely cause significant damage. I noticed 2 years ago that the tree had developed a slight lean and there were vertical cracks appearing on opposing sides. I contacted the owners and they came and had a look. They sent a man with a chainsaw who promptly cut down a small 3 metre healthy looking tree and didn’t touch the problem tree. I’ve called the owners twice since to voice my concerns but they just tell me if they cut down the problem tree it will expose other trees which are more likely to fall. I checked the tree earlier this week and have noticed a new crack (last image) which goes from ground level to 2metres high, I can get a screwdriver 100mm into this crack. I called the owner and he’s just been to take a look. Again he tells me he can’t fell the problem tree as it will expose other trees to the wind. He then told me the tree was there before the house was buit so I've no right to complain. He did say he would get an expert out to take a look but after my previous experience of the owner I think this is very unlikely.

Is it possible to tell from the attached images if the tree would be classed as hazardous/dangerous, and what would be the best course of action?

Edited January 16, 2020 by leslie10

[htb]

Don't think it looks to clever, something going on there IMHO. 

Firewood would be best option, yes it may expose other trees to more wind etc, but in itself its on its way out.

Edited January 16, 2020 by htb
illiterate

[Mick Dempsey]

Yes, that wants to come out sooner rather than later.

 

Best course of action? Plenty on here who know all the legal ins and outs. But initially I’d send a recorded delivery letter (take copies obviously) stating your concerns, with photos and indicating that you believe it to be dangerous, and that should the worst happen he can’t claim ignorance.

 

He may just think it’s not worth the effort and get it out.

 

[Treeation]

Be useful to whip that ivy off the stem so we can get a better look at the crack but looks like it could be a fairly substantial defect.

 

From what I can make out it looks like the tree leans away from the building in the pictures and is weighted towards the other canopy trees so most likely to fail away from your porperty?

 

I cant imagine removing this one tree which looks to be a spruce with a fairly light crown would have a significant impact upon its neighbours in terms of increased wind exposure. Unless the neighbouring trees are growing physically into it and thereby providing natural bracing support.

 

My advice would be to get a professional tree report by a tree surveyor/consultant then you have something concrete to present to the tree owner. If he then fails to react to the recommendations of the report and a tree failure occurs causing damage he wont have a leg to stand on in court. Could be money well spent at this stage.

[dumper]

As I understand these trees are next door access might be a problem and removing the ivy Criminal damage along with the tresspass not ways to recommend you to your next door neighbours 

i would have another talk and back this up with emails and or letter as per Micks response. 

[Stubby]

If you do get to drop it use caution as it might barber with that split .

[Adam M]

Happy you got legal expenses cover on any of your insurances? This can sometimes assist with neighbour disputes. Call them, explain the problem and see what they say. They may be able to send a strongly worded letter which may convince your neighbour to sort their life out. 

[Spideylj]

This is a neighbour dispute.  You've highlighted the issue to your neighbour and should it fail they could be held responsible.  However, I'm sure you wouldn't want it to get that far.

 

Someone suggested speaking to an arb consulting and getting a report.  This is a good idea.  You can then present this to your neighbour with a nicely worded letter asking them to sort it out.  Failing that, have a chat with your local Tree Officer.  The council can issue a Dangerous Tree Notice under the Local Government (miscellaneous provisions) Act.  This applies to England.  If you live outside of England it may be worth checking the law.