Problem with next doors tree, advice required, thanks

[Mrdave]

Hi everyone, next door planted a tree about 6 years ago in the corner of their front garden. Its only about 2 metres from my house. It was trimmed once last year but still around roof height now. The roots have spread across my front garden and in a couple of places have ripped through our membrane and are now starting to grow up. 

Next door is owned by the council, I have contacted them but have been bounced between their housing and arboriculture departments with no success.

I have a few questions that if any of you could answer I would be really grateful. 

1. What type of tree is this? (Has produced the odd small yellow fruit which someone who wasnt sure suggested was a cherry).

2. Is there a legal limit on how close to my property this should have been planted?

3. Is the damage to my front garden enough to be classed as criminal damage?

4. Any suggestions what i should do next to stop the roots becoming a major hazard to my house?

 

Many thanks in advance for any answer and advice.

[Ledburyjosh]

-I'm unsure of Tree species

-There is no set distance of which it should be planted

-Unsure regarding criminal damage. I would think not.

-you are entitled to prune the tree back to the boundary; above and below ground. As long as it doesn't kill the tree. So cut the roots at the boundary. They will obviously grow back though

[openspaceman]

Leaves look a bit like  Ailanthus altissima , terrible tree for spreading by suckers.

 

If it is I'd trench down and fit a root barrier AND/OR suggest the neighbour removes it.

 

If they do decide to remove kill it with round up now 10 weeks before felling

[Paul in the woods]

"Has produced the odd small yellow fruit which someone who wasnt sure suggested was a cherry"

 

Small, yellow, cherry like fruits sounds more like a Myrobalan plum or Mirabelle plum, both spread from suckers.

[openspaceman]

45 minutes ago, Paul in the woods said:

"Has produced the odd small yellow fruit which someone who wasnt sure suggested was a cherry"

 

Small, yellow, cherry like fruits sounds more like a Myrobalan plum or Mirabelle plum, both spread from suckers.

Yeah, missed that so not tree of heaven and far less to worry about

[john87]

Speak to your house insurers.

 

john..

[daltontrees]

1. I don't recognise the species.

2. There's no legal limit on proximity of planting.

3. Tree encroachment can't be classed as criminal damage. However, it can (nad your case probably is by now) nuisance and negligence, two closely related but different legal principles.

4. Whether your house coudl be damage d depends on a lot of complex factors such as species, foudnation depth, climate, soil type, foundation depth and so on. Put the Council on notice (in writing, nice and clear, no waffle) that you consider the encroachment to be nuisance attracting liability and invite them to deal with it promptly, reserving the right to deal with it yorself by cutting back any roots or branches across the property line.

You shouldn't have to put a root barrier in, but it could help with future root encroachment.

[daltontrees]

On 07/09/2022 at 20:27, StephenMews said:

-I'm unsure of Tree species

-There is no set distance of which it should be planted

-Unsure regarding criminal damage. I would think not.

-you are entitled to prune the tree back to the boundary; above and below ground. As long as it doesn't kill the tree. So cut the roots at the boundary. They will obviously grow back though

I agree except about killing the tree, there is no such restriction, this is settled law since the dawn of time, Killing it does not constitute criminal damage if it is to abate a nuisance and is done without malice or spite.

[Ledburyjosh]

10 hours ago, daltontrees said:

I agree except about killing the tree, there is no such restriction, this is settled law since the dawn of time, Killing it does not constitute criminal damage if it is to abate a nuisance and is done without malice or spite.

Good to know,  thanks 

[AHPP]

12 hours ago, daltontrees said:

I agree except about killing the tree, there is no such restriction, this is settled law since the dawn of time, Killing it does not constitute criminal damage if it is to abate a nuisance and is done without malice or spite.

Do you mean time immemorial, i.e. 1189? What's the earliest caselaw that accepts it as the law?