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Can I make a neighbour cut down a tree?



hans kraay fan club

The voice of reason.
Helpful Moderator
Mar 16, 2005
62,769
Chandlers Ford
It's a 70 or 80 feet high silver birch, and growing about 10 feet from our brick garage (30 feet from the back of the house). I chopped out, and dug up some shallow roots for it that were growing right across our lawn a couple of years ago, but it didn't seem to notice.

Watching it shaking about in the high winds tonight have reminded me of its malevolent presence.

The lady who lives there rents the house, and as a keen gardener is not keen on the tree herself (as it blocks the sun from half of her garden). First step will obviously be to ask her to pass on to the landlord, that we are worried about potential damage the tree might be causing, and to request that he consider taking it down.

If he ignores it, what routes are open to us, to obligate him to do so?

Many thanks


(Awaits informed / insightful / illegal / mentalist ideas in equal measures...)
 






severnside gull

Well-known member
May 16, 2007
24,827
By the seaside in West Somerset
Have a word with your local council Environmental Services Department. They offer a tree cutting service and you can get a guide quote which you might want to offer to pay part of when negotiating with the owner but they will also advise on the legal position. There are very limited circumstances in which they can forcibly intervene so developing a good and positive approach to the owner of the property will be key to a successful outcome. Be as positive as you can.

We had a tree (eucalyptus with multiple stems) that worried us. Could've sworn it was 60' tall but the guys who cut it down measured it at less than half that. Just saying :lolol:
 




Hampster Gull

Well-known member
Dec 22, 2010
13,465
You forgot ill informed, which i suspect my comment will be. I had some tree issues a while back, with a neighbour wanting me to cut mine down which i resisted.

If it hangs over your garden then you can cut back to the boundary without permission. If it then falls down and its linked to that you are liable for damage etc.

If its in his garden i don't think you can do anything to force him or her to cut it down. If it causes damage to your property you can claim damages. The art of persuasion is key, which i think you are onto.

You could a surveyor out to estimate risk. I was getting a survey on my house and he assessed the tree also (benign).

Yours, not an expert
 




Chicken Runner61

We stand where we want!
May 20, 2007
4,609
I have a similar problem in my back garden - problem is its my tree and its going to cost about £700 - £800 to take it down.

My next-door neighbour has offered to contribute half so I can't say no really, perhaps you might offer to help?
 


Captain Sensible

Well-known member
Jul 8, 2003
6,437
Not the real one
I remember seeing somewhere that if a tree is planted after the house was built and land designed that, should the tree cause structural damage to a neighboring property (drains, sewers, foundations etc), that the tree owner is liable for the damage. Can't remember where I saw it though. Contact building/environmental control.
 






The Camel

Well-known member
Nov 1, 2010
1,525
Darlington, UK
I have a similar problem in my back garden - problem is its my tree and its going to cost about £700 - £800 to take it down.

My next-door neighbour has offered to contribute half so I can't say no really, perhaps you might offer to help?

£700-£800 to chop down a tree seems like a massive overcharge.

Surely you can find someone to do it for £200 or so?

Won't the council help out?
 




Chicken Runner61

We stand where we want!
May 20, 2007
4,609
Its massive about 40ft high and about 3 ft wide, Everyone thinks its a lot but when they see it and the narrow access to the garden they up the price
 




Dec 15, 2014
1,979
Here
The next time the winds become strong start whacking your axe at it. After a few days of strong winds the tree will fall and everyone will blame the winds and think the tree was dodgy.
 


DavidinSouthampton

Well-known member
NSC Patron
Jan 3, 2012
17,359
Does the tree have a tree preservation order on it? Probably not, but We have a large oak tree in our garden which does have. Last winter a large branch got detached in the winds at high level, but got lodged lower down on another branch. We had to get permission to get it removed, even though it was completely detached. Eastleigh Borough Council were very good and quick, though.
 


55yrs a seagull

New member
Dec 26, 2014
3
Worthing
All five of the trees I have in my garden have preservation orders on them so you do need to be carefull as the council can fine you if you do not get permission.
 








Garage_Doors

Originally the Swankers
Jun 28, 2008
11,790
Brighton
£700-£800 to chop down a tree seems like a massive overcharge.

Surely you can find someone to do it for £200 or so?

Won't the council help out?

Where does that £200 figure come from?
Is it based on a quote you have had or know some one has had?
Are you in the tree cutting business or is just figure plucked out of the air?
I would have thought the tree remains alone would cost that to dispose of.
 


drew

Drew
NSC Patron
Oct 3, 2006
23,631
Burgess Hill
If the landlord doesn't want to then I would imagine the only thing you can do is to cut the roots at the boundary. I presume the tree was there when you moved in so how long ago was that? If you only moved in a few years ago, you might get a reputation as the next John Catt!!!
 




hans kraay fan club

The voice of reason.
Helpful Moderator
Mar 16, 2005
62,769
Chandlers Ford
Thanks all. Will discuss it with the (tenant) neighbour in the first instance, and see what the landlord's response is.
 


Bit random but when I googled dangerous trees this was one of many results from local councils.

https://www.cheshireeast.gov.uk/env...nds_and_hedges/trees_on_private_property.aspx

Suggest that your local Council, whomsoever they may be, will have something similar on their site, Citizens Advice Bureau may be able to help.

Is Chandler's Ford the only place ever to be named after a car belonging to a "Friends" character? ....Gets coat.
 


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