Jon Heuch

It appears to be a word from North American forestry ...and doesn't really match what we are dealing with especially if artificially created.

I haven't checked the coverage of all of the UK but the EA (Environment Agency) has LIDAR surveyed England as far as I know. Data is freely available I think but I haven't checked. I use the results (via a contractor) to get height estimates on a 3x3m grid of many of the sites I attend. It's useful but not infallible. Without a topo it can provide a slope profile of the site. It doesn't measure individual trees, it measures what it finds (so one tree with a large crown may produce more than one estimate). Since I visit the sites with the LIDAR analysis I can check tree heights against those shown. If the ground is flat that helps. If it is sloping be warned there can be discrepancies. Winter (leafless) v summer (in leaf) also can lead to issues. For general scanning of tree height over significant areas and inaccessible/difficult to access rear gardens of hostile neighbours it can fill in missing gaps of info. As for the cost of a useful product, that's dependent on the supplier.

The standard cases lump nuisance and negligence together in tree root cases. The basic legal logic of such cases are similar if not the same (being a non-lawyer that's what it appears like). Issues such as duty of care, foreseeability, causation have to be proven in a chain i.e. if one fails the whole argument fails. Trespass and encroachment are somewhat side issues.

Quite right that there are hindrances and no law saying you can, but with some research you might get the property transferred to the crown under bona vacantia. I would budget on 5 years for that process. Having met some of the people involved I reckon it would take 5 minutes in principle to get permission to remove the tree...the paperwork would take considerably longer. Let's put it like this, the problem occurs fairly frequently and, with due diligence, is resolved. I have yet to hear of a case that has come back from the dead, so to speak.

You know what a bargain that was....

It may take time, but it's pretty easy to write a letter to ensure that a) the property owner removes the tree (to minimise their liability or b) allows access to remove the tree by the affected property owner. There may be some initial resistance but when faced with the reality of the liability very few resist for long.

Not so. Subsidence is an issue fairly easy to resolve using experienced teams of people. So your house has shallow foundations. Yes, it's more susceptible to movement than if it had 1m deep foundations. But did damage occur in 2003, the last really hot, dry summer (before 2018)? I assume not. What was the difference between 2003 and 2018 - most probably the only thing that differed is that the tree has grown. Remove the tree and in 2022, the most recent hot dry summer, did your property move again. I'm guessing not.So tree removal has resolved the problem? Yes, the underlying problem is one of shallow foundations but focus on how to resolve the issue. Increase foundation depth or remove an apple tree and hedge? If it was simply your money involved I think you would agree the common sense solution is to remove the tree and hedge.

The solicitor searches for things related to the land being purchased; that might include planning applications nearby but the focus is on the property not what the neighbours have been up to. As said if you ask a solicitor to trace a neighbour I am sure they can try, but you need to ask them to do this and not expect such details to come from conveyancing.

Don't expect a "good solicitor" to do anything of the sort; you can instruct a solicitor to do that but it won't come as part of a regular conveyance and depending on what you ask them for, it could be expensive and take some time (longer than a normal purchase). A search of the Land Registry website map is free - this will show you whether the plot is registered or not. If it is registered it will cost you £3 to download the title which should give you the name and address of the registered owner. Depending on age of that registration that migth be useful information or simply the beginning of a search. You are then into detective work and solicitors will subcontract such work out. A member of the Association of British Investigators may be of use. Put your postcode into this: Tracing & Status Reports | ABI: Association of British Investigators WWW.THEABI.ORG.UK Tracing people calls for persistence, tact and diplomacy. ABI will help you find a specialist investigator with the vital skills and qualities. and you should be able to find closest to you. Expensive? Probably cheaper than a (good) solicitor.

There is no definitive solution, but if I was buying a property that was located adjacent to a plot of land without a clear and contactable owner I would attempt to sort the problem out before finalising purchase, especially if there was a tree potentially affecting the property (underpinning may have worked against a smaller tree but the tree may well have grown since then). The best method depends on how accessible any boundary of the neighbour's plot is to a public area but: 1) undertake a Land Registry map search to see if the plot is registered 2) if registered you will have a name and address of an individual or company. Make reasonable efforts to find that person or company and record your efforts; leave a reasonable period of time for them to respond (at least a month but you may need longer....people go to hospital etc) 3) ask the person who is selling for their knowledge; ask other nearby property owners for information; record any efforts and feedback 4) has that person died? moved abroad? if died you would need to find a will to see if somone has inheritied the plot 5) depending on location, place a robust note (laminated for weather purposes) on the tree in question and on the plot boundary where members of the public could see it. Give contact details saying you would like to make contact because a tree is causing a nuisance. 6) contact the local council to see if there is any record of council tax/voter registration for the plot 7) if you really do find a blank you may well be able to buy your property and then start using the adjacent plot. Look up adverse possession...."adverse possession of registered land" or unregistered land if it is unregistered......you may be able to buy two plots!

Claire Heave is a complex issue that is difficult to be certain of even if I had visited your property and had all the information available. Luckily it is not particularly common so that is some reassurance. If your neighbour's insurance wants you to remove your tree then you can be reasonably assured that they will cover the risk of heave to their property. I can't see if your property is detached or semi detached? Has movement in their property affected your property at all? Has there ever been any movement in your property? Clearly, the usefulness of that information depends on how long you have lived there.... The best advice I can give is make sure you have the standard buildings insurance that includes the standard section on heave, landslip and subsidence. It will typically have an excess of £1000. This, by itself, will cover the "risk" arising from the removal of your tree. You could spend money on time trying to ascertain what risk of heave there is but in reality that risk doesn't not act a defence to not removing the tree if indeed it has been shown to be the cause of movement. The other aspect to an ash tree is that it may succumb to ash dieback and die; a similar "heave" risk applies then, so you may not be able to avoid it. I see the tree has been pruned back before and regrown. The above provides some insight into the situation but doesn't provide a comprehensive analysis.

Advice doesn't cost "thousands"; an experienced arboricultural consultant should have sufficient experience of subsidence to know how things might progress. Pass them across if you wish. Without an engineer's report describing the damage, its severity and timing we are all in the dark as to what has happened. Forget a crown reduction - probably only a delaying tactic if the tree or trees are causing the damage. Two oak trees - one 13.5 metres and one 22 metres away. These silly arb reports (slightly better than the other lot) don't give even an indication of stem thickness but assuming the distances are correct and the trees of similar size it might be possible to remove the closest and leave the one further away.. At 13.5 metres distance lots of potential to install a root barrier but it will be more expensive to install than tree removal. As for telling a tree owner to contact their building insurer it is their contents insurance that may cover the risk; if they only have one insurance policy covering both it doesn't matter. If the neighbour is not a domestic tree owner things get a little more complex.

JBH I can't answer your question directly but you need to be clear that many phytophthora species are soil borne and especially like wetter soils. So treating equipment such as chainsaws, gloves and boots may be useful to address biosecurity risks but if your vehicle goes down the road with muddy wheel arches and tyres you've probably got many times the inoculant (i.e. spores) on your vehicle as you had with your chainsaw. Whilst your saw may go directly onto another tree on another site the parrallel risk from soil to soil spread is just as important to address. I suppose the best advice is do what you can but don't do one meticulously if you aren't addressing the other...

There are a number of things you need to consider, forgetting the practicaility of applying for a licence & waiting for it to come through: "felling" (for which you need a licence) includes wilful destruction (s35 of FA1967) so if a tree dies following your "pollarding" it could be counted towards any volume exception you have. If your trees live following "pollarding" you will probably need to consider the volume of timber produced. You could follow FC guidance on this (to calculate volume) so if you are anywerhe close to 5 cu m you had better ask the FC in part just to avoid any potential dispute (regardless of the law). If your trees live post pollarding it will be difficult for the FC to issue a restocking notice but don't think it's always simple. So, if pollarding might not count as felling at what height does pollarding becoming coppicing? I wouldn't want to state that coppicing is not felling. Anything below 1.3 metres above ground level will probably be regarding as felling but at what height does pollarding become topping (definitely exempt)? I don't know.

Jasvindera Your problem is common; if LR are showing the land to be unregistered all that means is that it hasn;t changed hands recently. The typical options are: i) the local council - you need to check parish council, local council and county council (including highways), depending on where you live. If they all deny ownership then: ii) the company that developed the land, if you are on an estate that was developed all at the same time. Your own deeds (or title from LR) may give you a hint of which company/individual was involved. Highly likely they have forgotten all about it or have no assets and be unresponsive in dealing with the trees. So if the above gets you nowhere (and assume it will, so to shortcircuit the process) simply put up a piece of paper on the trees - best laminated to ensure it lasts a few weeks - visible to the public/passers by asking the owner to get in touch with you because the trees are causing a nuisance/present a hazard (use whatever words you think are appropriate). If no-one gets in touch and you have no hint as to who the owner is, you are on your own. In some circumstances, where real danger is present, a council does have the power to act, at their discretion. If you think they should but aren't consult your local councillor. Finally, engage with a tree surgeon to assess what work is necessary, explain the circumstances and pay them after the work is complete! If subsequently a tree owner emerges pass the bill to them; if they complain that you have damaged their trees come back to me! It's fairly easy to make them go away when you point out the costs you have incurred from their negligence.