[Help] O/T - Advice - Neighbour tree damaging shed

[Da Man Clay]

Turning to the great and good of NSC for any advice.

In short we brought our first house in Worthing in spring last year. The back garden was in a bit of state and needed tidying. We cleared the back part of the garden in the summer and uncovered an issue with a tree causing damage to our shed. The tree is entirely planted and growing on the neighbours side, however, has grown at a 75 degree angle into my garden which has pushed against the shed. Realistically the shed is going to be irreparable. The tree is about 25 foot I guess and it’s clear this damage has been going on for a few years without anyone noticing. Other than the trunk and the first couple of foot the main body of the tree is in my garden.

The next door neighbour is a council tenant and Worthing Borough Council say it’s down to the tenant to manage the tress in their garden unless they are causing danger to persons which this tree is not. Unsurprisingly the neighbour isn’t hugely interested in sorting the issue out. I have raised it with them a few times since the summer where they say they will look into and nothing has happened. I have no interest in getting the shed replaced and am certainly not after any cost or similar from them. I am happy to contribute to the cost of removing the tree. I don't think I can just cut up to my boundary line as it’ll either kill the tree anyway or I’ll have the same issue in a few years after I’ve got round to fencing the garden.

Where do I stand? I expect I’m just going to have to swallow the entire cost of removal of the thing but any advice gratefully received.

Equally – If anyone is a tree surgeon on here ping me a PM. I imagine it is inevitable I am going to need one!

 

[schmunk]

Burn it with fire.

 

[Arthritic Toe]

Yeah - you can cut back any part of it that overhangs your garden, so that includes most the trunk in this case (assuming you are not in a conservation area - if you are, you need permission). You can understand the council tenant not being interested, but they'd probably be happy for you to remove the whole thing at your cost. It might be worth just following up again with the council though - whatever they say, they probably are responsible if its causing damage.

If it's a nice tree, you could always move the shed...

 

[Bold Seagull]

Shame to lose a tree for the sake of a shed. Usually add value to visual appearance of homes and streets. What species is it?

 

[middletoenail]

I'm assuming you had a property survey completed? I'd go after the company you used and ask them why they didn't spot it.

 

[studio150]

Sue your surveyor for not bringing the tree issue to your attention when they undertook the housing survey prior to purchasing the house.

 

[Easy 10]

[yt]8nB5YCPX94s[/yt]

Just hire one of these and move it a few yards.

 

[Sheebo]

Don’t get situations like this. Just half the cost and get the tree cut back or removed or sorted. Unfortunately it seems your neighbour isn’t willing to do this and a bit of a knob imo.

 

[Da Man Clay]

Shame to lose a tree for the sake of a shed. Usually add value to visual appearance of homes and streets. What species is it?

It’s not really for the sake of the shed as such - it’s more the catalyst for sorting it now. It’s quite an intrusive tree and takes a lot of the light in addition to the shed. It’s an elderflower but we’ve got a couple of others which aren’t so intrusive which will remain.

I hadn’t thought about the surveyor. Will look into that thanks [MENTION=12104]middletoenail[/MENTION] and [MENTION=20527]studio150[/MENTION] .
[MENTION=457]sheebo[/MENTION] - They are a nice older couple so I think it’s possibly more of a financial issue than anything else. I don’t think they are purposely being difficult about it.

 

[Arthritic Toe]

Don’t get situations like this. Just half the cost and get the tree cut back or removed or sorted. Unfortunately it seems your neighbour isn’t willing to do this and a bit of a knob imo.

Half the cost of cutting down a tree may be nothing to you, but it may be the difference between having food on the table and going without for some people.

 

[schmunk]

I repeat:

 

[Sheebo]

It’s not really for the sake of the shed as such - it’s more the catalyst for sorting it now. It’s quite an intrusive tree and takes a lot of the light in addition to the shed. It’s an elderflower but we’ve got a couple of others which aren’t so intrusive which will remain.

I hadn’t thought about the surveyor. Will look into that thanks [MENTION=12104]middletoenail[/MENTION] and [MENTION=20527]studio150[/MENTION] .

[MENTION=457]sheebo[/MENTION] - They are a nice older couple so I think it’s possibly more of a financial issue than anything else. I don’t think they are purposely being difficult about it.

Half the cost of cutting down a tree may be nothing to you, but it may be the difference between having food on the table and going without for some people.

Sorry - I see now my reply wasn’t very thoughtful. Apologies. It’s more the fact they’ve ignored the issue that got me - if it’s financial they could just say they can’t afford to help etc...

 

[Jack Straw]

If it's an Elderflower, they don't grow that big. If they're pruned hard, they grow like stink back to the size they were before you know it. I can't see cutting it being a tree surgeon's job if it's like any Elder I've seen over the years. A couple of photos would be a great help. I may be able to help.

 

[Arthritic Toe]

If it's an Elderflower, they don't grow that big. If they're pruned hard, they grow like stink back to the size they were before you know it. I can't see cutting it being a tree surgeon's job if it's like any Elder I've seen over the years. A couple of photos would be a great help. I may be able to help.

They are amazing - I cut one back hard in July and the bloody thing grew new shoots about 20 feet high in 3 months.

 

[Pudos]

I had a similar thing with a neighbours tree damaging the outbuilding/storage container of my shop. The tree 'owner' was loaded - pay/help a small business owner in challenging times? No chance. Took legal advice, was told I could cut back anything on, or causing damage to, my property but after the cut had to offer (or give can't quite remember) the cuttings back to him. I left them in his garden.

 

[Harry Wilson's tackle]

If it's an Elderflower, they don't grow that big. If they're pruned hard, they grow like stink back to the size they were before you know it. I can't see cutting it being a tree surgeon's job if it's like any Elder I've seen over the years. A couple of photos would be a great help. I may be able to help.

Wasn't Harry Potter's wand made of Elder? The one that was part of the Deathly Hallows?

 

[Dolph Ins]

Yes you can cut back anything that overhangs your garden but have to give it back to the owners. If you do cut it back an elder will re-sprout but in an upward direction so probably won't bother you.

BTW working with an old school tree surgeon many years ago he said elder was a witch tree and you had to ask permission from it before you cut it. Could you post video of you asking the tree permission please.

 

[TottonSeagull]

It’s not really for the sake of the shed as such - it’s more the catalyst for sorting it now. It’s quite an intrusive tree and takes a lot of the light in addition to the shed. It’s an elderflower but we’ve got a couple of others which aren’t so intrusive which will remain.

I hadn’t thought about the surveyor. Will look into that thanks [MENTION=12104]middletoenail[/MENTION] and [MENTION=20527]studio150[/MENTION] .

[MENTION=457]sheebo[/MENTION] - They are a nice older couple so I think it’s possibly more of a financial issue than anything else. I don’t think they are purposely being difficult about it.

Unless you had a full building survey done on the property prior to purchase the surveyor would not be liable. If, like 99% of buyers, you had the lenders valuation (normally free these days) or upgraded to a homebuyer report (which is fundamentally a pretty limited survey and only reports on issues visible on the property and foliage/garden issues that is directly impacting the house and which also states that the surveyor carries no liability) you have no recourse with the surveyor.

 

[Triggaaar]

In short we brought our first house in Worthing in spring last year.

[yt]8nB5YCPX94s[/yt]

Just hire one of these and move it a few yards.

Will be a piece of piss for Da Man Clay, given that he's already moved his whole house.

 

[Sirnormangall]

I had a similar thing with a neighbours tree damaging the outbuilding/storage container of my shop. The tree 'owner' was loaded - pay/help a small business owner in challenging times? No chance. Took legal advice, was told I could cut back anything on, or causing damage to, my property but after the cut had to offer (or give can't quite remember) the cuttings back to him. I left them in his garden.

I did the same. To cover yourself, it might be worth putting in writing to the tree owners what you intend to do and offering them the cuttings.