Council tree too close to my house!

[Yorkshireman]

lots of issues have been discussed .

 

as I look at this I address the Why & the when

 

So Why ,when you bought this did the issue not arise in any if needed pre purchase survey, as if mortgaged I would imagine the mortgage company would ask for an implications survey from an Arborist in line with advise from a building structural surveyor, with access to a geotechnical report which explores and identifys the types of soils [profile relevant to the property ] and any impact the trees might or might not have on the structure.

 

As far as you are concerned we perhaps should look at what can be done ,,

 

Your right to prune limbs / roots oversailing or under/ crossing your boundary has been mentioned this right is drawn that the works should not unreasonalby cause damage to the councils property [the tree ] indoing so .

 

however , where the councils property [the tree ] is causing an actionable nuisance to a third party's property [ your house or fences ,lawns etc ]

you have a right to do that which is reasonable to mitigate this, if and only IF there is no legal restriction / protection placed on the operation to that Tree TPO conservation or other..

however just because there is a nuisance , you dont have the right to ask for the trees removal, unless that is the least available option which will negate the actionable nuisance

 

If pruning negates the Nuisance then thats all you can ask them to do at their expense ,but they might so NO

So you might depandant on any reports you have feel the need to ask your insurer to engage in the discussion [ however be weary as insurers might see the risk to your property as being higher or lower and reflect this in your premiums

 

Dont be tempted to do works yourself unless you are sure what you do is correct as any works if they cause damage to the councils tree can be seen as Criminal and willful damge

 

So before doing anything a quick chat with the TO will resolve this ,,

 

but where the nusiance and effects are more than Pruning will rectify I would recommend seeking qualified local advise.

 

Internet discussion forums are really any use to point you in the right direction and and guidance should only be taken as such , as its your house and you are the person with the vested interest to seek a reasonable resolution.

Edited June 7, 2013 by Yorkshireman

[TKO]

For the pruning works the council cant insist on using an approved contractor any more than the general public can, if the contractor is operating on their land they can condition things like insurance but not an approved contractor.

 

There are plenty of good contractors out there approved or not

 

Absolutely! My mistake, I didn't mean to encourage you to overlook the numerous decent companies that are not approved.

 

I only suggest this as a way of appeasing the council, through the use of one of their approved contractors.

[PQP]

PQP

My question was indeed prescient.

If the bush/tree was present when you purchased the house a month ago, why has it only now become a problem?

Regards

Marcus

PS

I get berated about "dangerous" trees that were well established when the complainents bought the properties.

Or blocking their view, or leaves in gutters, or hiding peadofiles.

This puzzles me somewhat.

 

DIFFLOCK - I catch your vibe! Thanks for that!!!! Not really covering the questions I asked, or the advice I was hoping to obtain. But thanks for trying.

 

Oh, and not overly concerned about hiding PAEDOPHILES!!

[difflock]

:biggrin:OK:biggrin: