eanswythe

My insurance company is not interested until something goes wrong on this property as the premiums for advanced legal assistance are not covered. They won't investigate on another person's property. The local surveyors have seen the property (informally)and think taking the trees down will not resolve the neighbours issues. As a last ditch I can write again and emphasise that 'the cherry and narrow pine have not been implicated only in so far as ANY vegetation is (and put down in writing to them) a problem why does the Atlas Cedar remain in place. Surely if there was any reason for the water levels to alter that would have been removed by now. I wish to keep the cherry tree and the pine tree and see how things progress. If it can be demonstrated at a later date that they are causing a problem then they will be removed.' Sound ok? Don't want my insurer to drop me in it. Likewise I don't want to loose my garden to a giant.

Well Happy New Year to everyone! Re the trees.... I queried the unanswered questions and the response was: 'With regards to privacy, you can look into replacement planting, there are plants / trees out there that will grow fast... Innovation group will accept full liability if damage is caused but our tree surgeons would make sure protection / care is put in place prior to the works. With regards to fencing, unfortunately we don't deal with this, it would need to be discussed on a private basis with your neighbour. In relation to the water damage, we only deal with damage that's been caused to our insureds property, if there's damage occurring to your property we'd advise that you need make your insurer aware, or again, speak with the owner to see if a resolution can be made.' A couple of questions... Today I have received a final notice email and letter attachment. As they are not really sure what tree matter was discovered but obviously want our trees down and have specifically named T2 ( the 2 evergreens) is it reasonable to write and agree to T2 being removed? It could be argued that taking all the trees is wilful removal for their convenience sake especially as there are 3 cedars in a row above our property and historic problems with the underground water on the main road. The garden is water logged now as it is. Give up and ask for time to organise removal of garden furniture and statues?

Hi...I wrote a letter and got a reply. First my letter: Dear Sir/Madam, I have been given new independent advice on the matter of the trees at X (my home). I have been advised that the removal of the Japanese Cherry and the adjacent tree is likely to be unnecessary and the atlas cedar is likely to be causing movement of the property at Y(neighbour). The monitoring that was carried out was for a limited period and the movement recorded questionable: up and down, without a consistant trend which with only three samples could just be human error from placing the machine. I would like to see positive root ID, proof of dessication and seasonal movement before felling these. This is particularly given the large rainfall this year and changing waether patterns. The request to remove the leylandii on X is whilst I agree in principle, will result in the loss of enjoyment of a beautiful amenity, privacy to the garden and a pleasant environment along with the loss of bird life from the garden. The noise and pollution from from the main road with two bus routes will no longer be shielded. There is also the loss of privacy to all bedrooms and reception rooms which will involve the fitting and expense of purchase of net curtains or blinds. There is also the consideration for the shrubs that are growing around the trees including the small hibiscus, minature acer, the collection of award winning Chrismas roses (Hellebores) and the ferns. I would like great care taken of the plant scheme and compensation and replacement for any plant damage. Likwise the dry stone wall holding the flowerbeds in place. It should be pointed out that Y (neighbour) is much higher up the hill (over 1 metre) and the fence will be breached easily when the trees are removed. Cutting the trees leaves the rear of X easily accessible and at significant risk. There is permanent unlocked access to the garden area of Y (neighbour) abutting X. There have been a number of robberies and an attempted break in at X (my home). I would like to be compensated with fencing providing sufficient security and privacy to the rear of the property. There is also the matter of run off water after this work is done and there are concerns of how this will be dealt with so that the garden and property at X do not suffer water damage. There is already run off damage from the shed built abutting the party wall and fence. Please can you deal with this as quickly as possible so that this can be resolved. The reply: Thank you for your email, We're sorry to hear that you've had to seek further advice. We do believe that T2 is the main influence here, and though we only have roots for it, we cannot rule out the other vegetation. The monitoring isn't showing much movement, but it does demonstrate cyclic movement, meaning the ground recovers through spring and summer, then drops when we reach Autumn (August to October is a good reference on the monitoring report). Please note, if you do refuse to remove your vegetation, the insurer will need to place you on future notice, meaning if your vegetation damages the property after we complete repairs, you / your insurer will be liable for a recovery... Please let us know your decision ..................................................... I have asked them to please reply to the other questions in my email.

Thank you Mark. Good to know.

I have made my insurers aware of the situation. Sent paperwork and pointed out risk of heave etc. but not interested until flooding or heave impacts on this building.

Thank you. BTW our manhole is uneven and has had to be replaced recently and has the paving surround concrete move and break up at ground level. the brick shaft was intact. I imagine the neighbour's one is in a similar situation.

Sorry photo bad......... Site Visit Notes: TBM located to the front of the property as a manhole. If this is not suitable, please advise if a deep datum is required. Relative Survey.

Hi, I have found the monitoring letter. The swimming pool is near point 10 monitor and the atlas cedar is near point 4. Not far from point 6 there is another neighbour with a matching cedar. At same land level and just as tall. That one has not been mentioned in any correspondence to date. Thanks Eanswythe

I love Smarties

As for monitoring this was done in summer 23 and a demand to cut trees was issued at end of November 23 but the letter was not received. '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. I have discovered from the household files this is the same complaint they made in 2007. downward and rotational movement to the rear left hand elevation and front right hand corner of the property. At that point the trees were reduced and they were reduced again in the subsequent years up until 2017. They were due for further reduction but COVID-19 interrupted. There us no afternoon sun here today as the cedar blocks the light to our rooms which are arranged along the rear of the building.

Yes it is clay soil

Actually this one nests on roof of a tall building by the river with alot of open ground nearby.

Peregrine it was. Nearby nesting pair. It was a huge surprise to see it so close from the bedroom. I was told by the local rangers it was probably investigating hunting grounds for the new chicks.

Only magpies and crows visit the cedar tree...we have abundance bird life including yellowhammers and sometimes one of the local perigrines who seems to favour the cherry tree.

I think you are all very wise. So thank you. So shall it be... First I have to tell the Tree surgeons I will be going back with a new query to Innovation and please wait to hear from them. Second: Tell Innovation group have had new independent advice and a) still agree removal of 2 Leylandi b) cherry tree stays unless can prove it is a real problem (?) c) thin pine tree stays as in close proximity to yew trees which are not deemed a problem (fight for this ) d) would like compensation for lack of pleasure of privacy and enjoyment of aminity. Loss of bird life in the garden will be significant. e) replacement or compensation for any plant/dry stone wall damage f) New fencing as once the trees are cut the fence is easily breached and this property will be left at significant risk of robbery. Sound good to you guys?

Yes the bit by the swimming pool and the bit by the cedar tree are listed as affected. The swimming pool and the extension date from the mid seventies and were put in after the house was built. there was previously a mature holm oak in the neighbours back garden by their grass area which had to be removed along with a number of their evergreen lining their wall to shield view of their garden from the double decker buses that pass.

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....

Its very sad. My garden will be spoilt and overlooked from a higher property. Their extension rooms will view directly into our bedrooms and their walkway will overlook our sitting room. No privacy once the trees are down.

Thank you. Steven P and you must have sent good wishes my way. I have just been told the work is postponed as the tree surgeons have taken on storm damage work. I am certainly using this opportunity to do as suggested and take photos and ask for compensation for any plant damage and for improving security to the rear of the property. I have seen the surveyors report and there is root matter of unknown origin (as it was broken down) presumably in their drain from their outside loo as the main drain runs nearer the kitchen where the protected Atlas Cedar is. 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. The local estate agents surveyor saw the outside of their property and said they probably had heave as no trees remain in their rear garden and their boundary wall on the furthest side to me is constantly being repaired. The pavement was repaired this summer and the pavoir said there were multiple difficulties with that stretch on road on both corners. The land is clay and there are underground streams. The neighbour's garden is also largely paved and has a swimming pool so there is run off water downhill to our garden. I am really grateful for the input. Thank you.

Hi, Thanks for advice on the cherry. Will keep as suggested. Will also ask for pine to be logged for keeping. Neighbour's insurance has outsourced to another company and then to arborists. I can ask arborists to preserve plants but I do not believe there is much hope. I would have to ask neighbours Innovation Group for consideration towards additional fencing as house will be vulnerable and not secure to the rear.

Hi, My neighbour's insurance company insists my trees are cut this week owing to subsidence on the other side of their garden. All four trees on the boundary two evergreen , one japanese ornamental cherry, one pine. The neighbours property is keeping its enormous German pine though. Our property is downhill from theirs and the fencing is already damaged from run-off water. The difference in land height also means the back garden here is easily accessible from their post-drop box and bin area (unlocked gate access). Can I ask for consideration of the cost of replacing fencing that will protect privacy and security? Can I ask for preservation of my plants or restoration? I am asking for the cherry wood logs so they can be sold/used. Grateful for any advice. Thanks