Is this tree safe?

[DocD]

Hi. Got this silver birch tree growing from my neighbour's garden into ours. 

It's leaning over a lot! Weight doesn't seem evenly distributed. 

Also bark looks very cracked.. There's hollows in branches. 

What are your thoughts on this tree? 

 

Edited April 14 by DocD
Pic added

[Tree monkey 1682]

Its a birch tree, they have ridges in the bark, yes its leaning slightly , will it cause any damage to you if it does come down? Probably not.. its survived numerous storms and high winds this year . Have ypu even spoke to the neighbour about it ?

[DocD]

Yeah.. If it comes down will take out roof and cars. 

Branches that have fell were hollow. 

Also was reading that the holes in trunk and branches can be sign of internal rot? There was fungus / mushrooms growing last year at side of trunk

[openspaceman]

You didn't answer the monkey's question. Seeing as most of the tree is over your property...

[Steven P]

Seeing where this is going.... assuming you don't want it there any more. Talk to the neighbour and see if they will take it out, might need a compromise - they're probably 'meh, not going to fall on my drive' - so compromise might be take the tree out and you contribute to the costs. A lot can be solved with a nice chat and a cup of tea over the garden wall.

[Mick Dempsey]

Tell em you want it out as it’s a bit dodgy.

Everything over 10ft is on your side anyway.

£250 plus VAT.

[tree-fancier123]

I wonder if this is covered by the neighbour's right to prune back to the boundary! Offer them the branches back for good compliance

 

I ruined the shape of a beautiful maple the other day by siding it up to the trunk which was right on a boundary, all because the neighbour didn't want sap on her car

 

The law says about abating a nuisance, but maybe best to see if the tree owner can be spoken to first - or hire a good people person to chat to the neighbour about it

Edited April 15 by tree-fancier123

[Mick Dempsey]

2 hours ago, tree-fancier123 said:

I wonder if this is covered by the neighbour's right to prune back to the boundary! Offer them the branches back for good compliance

 

I ruined the shape of a beautiful maple the other day by siding it up to the trunk which was right on a boundary, all because the neighbour didn't want sap on her car

 

The law says about abating a nuisance, but maybe best to see if the tree owner can be spoken to first - or hire a good people person to chat to the neighbour about it

“Hire someone to chat to the neighbour”?
 

Like who?

[tree-fancier123]

40 minutes ago, Mick Dempsey said:

“Hire someone to chat to the neighbour”?
 

Like who?

everyone knows someone with the gift of the gab

 

not saying the OP can't talk to their neighbour, but if there is a difficulty there could be a gap in the market 'garden law intermediator' for knowledgeable and affable types . 

'Hello my client is cutting your tree at the fence line, nothing you can do about it, so there. Do you want the wood or not'.

 

[DocD]

I spoke to neighbour and he wasn't keen on removing the tree.. I did say I'll pay for it as well. 

Pointed out that it's diseased and he said to see what the council says.. Tree has a TPO