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Boundary trees to be cut by neighbour


eanswythe
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So you're trees are damaging the swimming pool I presume ?.

 

Well you could argue they can remove all trees at their expense and put up a maximum legal height fence to ensure privacy.

 

However this is more a council planning department issue as there are rules regarding extensions etc overlooking neighbours.

 

Wasn't a celebrity told off for something similar recently with a hot tub or similar.

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22 hours ago, Steven P said:

You'll also want the stumps ground out won't you so you can use that flower bed? Now stump grinders, is that fence in danger if you do that? Damaged fence needs replacing..... (first part of edit was serious, second part of edit was hopeful)

Not just ground down, you want the stumps fully removed and them to pay for it! Given that roots are the supposed problem anyway.

Stump grinding only goes down a few inches. Digging around and winching out will be more complete but time consuming, a task for a landscaper rather than arborist, at their expense.

23 hours ago, eanswythe said:

But the insurance company got a solicitor to write telling me that I would be sued for all subsidence repairs if I did not consent to removal of the trees and scared me.

Seems you have plenty to counter any suit and if you like the trees I wouldnt be bullied to remove them. Roots can be mapped to show if they are or not a problem and you could request they do that before cutting.

 

Wouldnt suprise me if its all made up about subsidence with the owners just wanting more light over the pool.

 

Note that insurers do not care about individual cases. In the motor insurance they often trade X many claims against Y from another insurer rather than on the merits of each case.

They want low risk and are going by what their customer has told them, they are unlikely to have visited themselves.

 

23 hours ago, eanswythe said:

The neighbour's garden is also largely paved and has a swimming pool so there is run off water downhill to our garden. 

 I believe there is a requirement in building control regs or something to prevent surface run off onto a boundry, they should have adequate drainage for the paved area so that you do not recieve their water.

Edited by kram
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It would help is uf you could provide an aerial photo, or if not, a simple drawing of the layout, showing the location of trees, house, garden boundries and the pool, with north marked to give an idea of sunlight distribution.

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14 hours ago, Mick Dempsey said:

Those Leylandii look very high and un-maintained,if they were to the south of my garden I’d want them cut down.

Two sides to every story.

Fair but I don't see how an insurance company can force another land owner to cut trees .

Seems a bit dodgy 

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2 hours ago, Rough Cutter said:

Fair but I don't see how an insurance company can force another land owner to cut trees .

Seems a bit dodgy 

Don’t know if they can or not.
However the threat of years of expensive legal strife followed by a bill for underpinning you neighbours house will focus your attention. 
 

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The neighbours house is approximately 1m uphill and to the southwest. The pool is to the south of the neighbours house.  Across the road more southerly, there has been ongoing work at a house for one year. 

 

The complaint is that 'there is downward and rotational movement to the rear left hand elevation and front right hand corner of the property.' 

So that would be by the swimming pool and by the cedar tree. 

 

The supposition is the tree roots on this property, which is downhill by over 1m, are causing the soil to shrink and all the boundary trees (L1, L2, cherry and pine) should be removed to ground level. The neihbours cedar seems to be staying.

Here is my very poor drawing....

 

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Speaking as someone who is not well-versed in the whole shrinkage situation, this sounds like a steaming pile of horseshit to me.

 

Just to clarify... the complaint is that the corners by the swimming pool and the cedar tree are being affected? 

 

How old is the swimming pool?

 

I'm happy to be told I'm wrong, I like learning, but at this stage I'd probably be giving the neighbours a big old f*ck-you until you can prove that it's my 4 tiny trees doing the damage. They need to get a specialist in and a proper report made.

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