Advice: Neighbouring trees - what's a reasonable ask?

[TreeGreen]

Hi,

 

I'm looking for some advice.

 

I own a property that is adjacent to a church-owned cemetery. There are many trees on this land and they're one of the things that attracted me to this property.

 

There are however, three in particular that are very close to the boundary (all within 1m and some considerably less) that are causing me problems/concerns. 

 

Tree 1 - Is far higher than my house, overhangs considerably and has pushed one of the fence posts out of true and the root system has dislodged the concrete base panel - the roots have also lifted and cracked multiple flags on my driveway. The driveway is at the end of its life and it is my intention to replace it but I can't do this with the root system as it is. The tree also causes additional maintenance of my property with regards to cleaning gutters etc.

 

Tree 2 - Considerably higher than my house, overhanging the property, I have concerns over potential damage caused by the tree (either falling limbs or by roots) in the future as well as the usual concerns of future subsidence given the close proximity to the property.

 

Tree 3 - Almost completely covered by dense Ivy and some of the branches appear to have died. Concerns over stability, risk of falling limbs etc.

 

I have a young family and I'm looking to resolve any current problems and mitigate any future risk.

 

I believe I have identified who to contact with regards to accountability for the grounds - before I approach them; my question is - What is it reasonable for me to ask of them?

 

Any advice or suggestions welcome,

 

Thanks in advance

 

 

 

 

 

Edited November 20, 2023 by TreeGreen
Redacted name

[HMW]

You can legally cut back anything overhanging you and back to boundary, however you will want to avoid cutting off far too much and unbalancing the tree. Get a qualified tree surgeon to have a look and they will be able offer advice.

 

[AA Teccie (Paul)]

6 hours ago, TreeGreen said:

I believe I have identified who to contact with regards to accountability for the grounds - before I approach them; my question is - What is it reasonable for me to ask of them?

 

Ask them to explain how they are meeting their duty of care responsibility, as a land-owner, in relation to the trees in question - they are obliged to do what a reasonable / prudent person would do given the circumstances (also the reasonable expectations will likely vary from 'person to person' dependent on differing factors, e.g. one would normally expect a higher level from this person (I would suggest), directly or indirectly, than a home owner, but not the same level as a Council arboriculturist / tree expert...generally the more knowledge, and more resources, the greater the expectation.) 

 

Consider contributing to costs of works if you are the main / only beneficiary, and make this proposal known to said person when you meet / talk (bear in mind Conservation Area / Tree Preservation Order etc. restrictions if you are given permission to procure works to the trees.)

 

Have a look here https://ntsgroup.org.uk/guidance-publications/and/or engage a professional arboriculturist to advise / guide you.

 

I hope you get some reassurances from the landowner / manager but please bear in mind what attracted you to the locality in the first instance - perceived worries and threats can be very damaging to trees, spoiling lovely urban areas.   

 

ATB

Paul

 

[Sviatoslav Tulin]

Safety team !

[TreeGreen]

Thank you for taking the time to write a helpful and insightful reply.

 

You've helped me to see the situation differently.

 

T

 

On 20/11/2023 at 21:51, AA Teccie (Paul) said:

Ask them to explain how they are meeting their duty of care responsibility, as a land-owner, in relation to the trees in question - they are obliged to do what a reasonable / prudent person would do given the circumstances (also the reasonable expectations will likely vary from 'person to person' dependent on differing factors, e.g. one would normally expect a higher level from this person (I would suggest), directly or indirectly, than a home owner, but not the same level as a Council arboriculturist / tree expert...generally the more knowledge, and more resources, the greater the expectation.) 

 

Consider contributing to costs of works if you are the main / only beneficiary, and make this proposal known to said person when you meet / talk (bear in mind Conservation Area / Tree Preservation Order etc. restrictions if you are given permission to procure works to the trees.)

 

Have a look here https://ntsgroup.org.uk/guidance-publications/and/or engage a professional arboriculturist to advise / guide you.

 

I hope you get some reassurances from the landowner / manager but please bear in mind what attracted you to the locality in the first instance - perceived worries and threats can be very damaging to trees, spoiling lovely urban areas.   

 

ATB

Paul