Neighbouring Trees and TPOs

[daltontrees]

16 hours ago, devon TWiG said:

so what exactly would a nuisance be to permit works to a TPO tree without application ?   some owners may interpret this as " right to light " for example but i doubt that it gives any one right to carry out works  without approval ... 

Direct damage to a building by roots or branches. Indirect damage (subsidence). Overhanging preventing use of land (say a house extension or a shed or garage being erected). And daylighting loss if it's extreme enough.

Rights of light are a different matter. They are aquired (England only) by express grant or by prescription and relate only to windows and blockage of light from adjacent land, not on the affected land.

I have known situations where the blockage of light from overhanging trees has been so great that pruning has taken place lawfully without application.

The right exists. It's in the legislation. It was put there by parliament. Deliberately.

[daltontrees]

2 hours ago, TreeSquirrel said:

Hi Can you tell me how to deal with our neighbours tree!? It has already knocked our wall down and we have been advised by a tree expert that even if we build a reinforced concrete wall it will knock that one down too as it is going to double in size over the next 30 years currently the main stem is about 40in diameter and part of it is already in direct physical contact with the wall and has knocked the bottom of the wall! The main stem is 15 cm from the wall! How easy is it to get a tree removed that has already caused damage and will do again ? How long does it take and cost can the neighbours stop it from happening ? Currently we started a party wall process not realising that the surveyor could not do anything about the tree!

Is the tree protected by a TPO?

[TreeSquirrel]

No it is not definitely but it is in a conservation area!

[daltontrees]

2 hours ago, TreeSquirrel said:

No it is not definitely but it is in a conservation area!

The Conservation Area is almost irrelevant and shouldn't be an obstacle to removal of the tree as long as notification of its removal is given to the Council 6 weeks in advance. The only thing the Council can do to stop it is to make a TPO and if it does that you apply for removal, get a refusal and the Council becomes liable for any further damage. But I suspect the problem is with the tree owner?

[TreeSquirrel]

Exactly so what should I do / can I do? It has clearly knocked our walls/ walls over and will do the next one as it is set to double in size how do should I approach it!

[daltontrees]

5 minutes ago, TreeSquirrel said:

Exactly so what should I do / can I do? It has clearly knocked our walls/ walls over and will do the next one as it is set to double in size how do should I approach it!

Get it on the record that you consder the damage his fault and that he should have foreseen and prevented the damage. Don't let him hide behind fake conservation area protection. If the neighbour still does nothing, get a lawyer involved. As you describe it, you will prevail.

Or live without a wall.

[Dan Maynard]

Exactly so what should I do / can I do? It has clearly knocked our walls/ walls over and will do the next one as it is set to double in size how do should I approach it!

You haven't said what type of tree it is, where you are in the country, or put any photos, but I am dubious about the idea that it will double to 80 inches diameter within a few years, that is huge.

I would take that claim with a pinch of salt and get someone to look at it who is not quoting to cut it down ie an arboricultural consultant, I imagine the report from them would be beneficial in any future discussions anyway.

[TreeSquirrel]

It was a tree expert he said it was over the next thirty to forty years it is the prunus family

[Khriss]

Take pictures... And possibly post them here, so we know what yr talking about in less than a hypothetical manner, thankyouplease. K

[Chris at eden]

12 hours ago, daltontrees said:

The Conservation Area is almost irrelevant and shouldn't be an obstacle to removal of the tree as long as notification of its removal is given to the Council 6 weeks in advance. The only thing the Council can do to stop it is to make a TPO and if it does that you apply for removal, get a refusal and the Council becomes liable for any further damage. But I suspect the problem is with the tree owner?

What jules said. You could also go to appeal if the council TPO the tree and refuse an app to fell.