Nuisance Trees Owned by the Council

[Blondie31]

Hi
Hoping someone could help, although I think I am on a hiding to nothing, but even confirmation that this is the case would be appreciated.

I have an area of grass next to my end terrace at the end of the road. The land is council owned and planted with fairly established trees. I have owned the property since 2006 and every year, one of the trees in particular, blocks my gutters with its leaf fall, and I have to pay to get these cleared. A few years ago, I even installed brush strips, but these seemingly do very little.

I started contacting my council in 2010 to request they do something with the one tree in particular, given the impact it has on my property. Over several months I was passed from one department to another, and nothing was ever done. Tried again a few years later. The council told me an inspector was sent out to look at the trees, but they were deemed acceptable so again nothing was done. And so it goes on every few years. In 2024, due to dampness at the property (mostly because the current inhabitants were causing really bad condensation admittedly), I had a RICS damp survey done on the property. The survey noted:

h) The gable side wall is largely sheltered by tree cover from large trees located in the adjoining green. This will lessen the impact of exposure to wind driven rain, however there will be a lack of solar gain thus reducing the thermal performance (retained heat and surface temperatures) of this wall.
i) Owing to tree cover it is evident that rainwater gutters are regularly blocked with leaves. It is understood that these were recently cleared, and brush strips fitted designed to prevent blockage of downpipes. Previous leakage has led to saturation of the main wall, evident by vegetation growth to mortar joints.
j) The chimney stack is saturated and vegetation growth has taken hold of mortar joints. This has likely led to destabilising of the brickwork along with damp penetration internally.

 

This required the chimney stack to be removed, the wall repointed, the roof timbers that were damp replaced, the gable end interior plaster removed, replaced with insulated plasterboard and replastered. Obviously, all of this was at significant expense.

I have written to the council, enclosing a copy of the report, as on their website they state:
Things that the council is responsible for
• the removal of nuisances, such as publicly-owned trees interfering with buildings

However, the council have come back with the following:

‘Council inspects its tree stock on a cyclical basis to monitor condition and address any safety concerns. Tree owners, including local authorities, have a duty of care to ensure that their trees do not pose a foreseeable risk to people or property. However, there is no legal obligation to prune or remove trees in response to seasonal characteristics such as leaf fall, shading, or minor debris. We will arrange for the trees in question to be re-inspected within the next couple of weeks. Please note that we will only consider removal or significant pruning if the trees are found to be dead, dying, diseased, or structurally unsound.’

I also asked for a claim form for reimbursement for the works which they attached but warned me:
‘Regarding the damp survey and your request for compensation: if you wish to pursue a claim against the Council for property damage, you may do so by completing and submitting the attached claim form to our Risk and Insurance Team. However, you may wish to seek independent legal advice beforehand to better understand the rights and responsibilities of property owners living adjacent to trees.’

Has anyone legal any idea of what the rights and responsibilities of property owners living adjacent to trees is as I do not recall anything in the conveyancing documents?

However, having tried to follow tree law, I fear there is little I can do. I am grateful the Council are re-inspecting but don't think anything will be done as they don't have to, as I think the law deems leaf fall to be natural and none of the above to be property damage - ie property damage being more likely a falling branch damaging a roof not to shelter etc. Would be grateful if anyone could confirm?

 

Many thanks for any help!

[Ledburyjosh]

If the trees over hang your property (property being the entire plot, garden, buildings etc) you can prune them back to the boundary without permission from the tree owner. Other restrictions may apply I.e. tree preservation orders and conservation areas. This would be at your expense. The council do not have to do this for you, as you have the right to do it yourself.

 

The need to clean your gutters annually is not a valid reason to request the trees are pruned, beyond what's mentioned above. That is simply the management required for being fortunate enough to live next to trees.

 

A nuisance in a legal sense will not cover the damp, its evident from your post this just needs regular maintenance. A nuisance with trees may typically be direct damage, such as a tree branch knocking a gutter off or tapping a window not damp through a lack of maintenance relative to the environmental factors your property is affected by.

 

It is feasible, and common that council owned blocks of trees are poorly managed and would likely benefit from thinning which would simultaneously better your situation. They have no obligation to do this though and only have to fulfill their Duty of care and ensure they are safe enough, it doesn't matter if they are otherwise poorly managed.

 

In short from what you have described its not the councils problem.

[Rich Rule]

I would speak to your insurance company and get  legal advise.

[Mick Dempsey]

Can you put a picture up?

[Stubby]

3 hours ago, Mick Dempsey said:

Can you put a picture up?

Bet you wish you had a £ for every time you posted that mate ! 🙂

[Mick Dempsey]

15 minutes ago, Stubby said:

Bet you wish you had a £ for every time you posted that mate ! 🙂

I know, mad isn’t it?

[daltontrees]

7 hours ago, Ledburyjosh said:

If the trees over hang your property (property being the entire plot, garden, buildings etc) you can prune them back to the boundary without permission from the tree owner. Other restrictions may apply I.e. tree preservation orders and conservation areas. This would be at your expense. The council do not have to do this for you, as you have the right to do it yourself.

 

The need to clean your gutters annually is not a valid reason to request the trees are pruned, beyond what's mentioned above. That is simply the management required for being fortunate enough to live next to trees.

 

A nuisance in a legal sense will not cover the damp, its evident from your post this just needs regular maintenance. A nuisance with trees may typically be direct damage, such as a tree branch knocking a gutter off or tapping a window not damp through a lack of maintenance relative to the environmental factors your property is affected by.

 

It is feasible, and common that council owned blocks of trees are poorly managed and would likely benefit from thinning which would simultaneously better your situation. They have no obligation to do this though and only have to fulfill their Duty of care and ensure they are safe enough, it doesn't matter if they are otherwise poorly managed.

 

In short from what you have described its not the councils problem.

I don't agree with your analysis. Nuisance is not just physical damage. It is deprivation of legal rights to use and enjoy property. It is always a matter of fact and degree. And just because there is a right of self abatement that is not the only remedy.

[Tree monkey 1682]

Don't buy a house next to established trees, you know they will do naff all ,council normally have a view that you brought the house knowing the tree was there before you brought it.

Or that's atleast the view down south.recently I put in to remove three trees with ash dieback back only for the paperwork  to  be refused . Yet the trees are in a public place with ,other issues like weak limbs and bark damage and poor pruning.

And that got declined