Trees in Neighbours Garden
Discussion
I have a pretty difficult situation which I don't know how to approach.
My next door neighbour is a lovely old lady who unfortunately is a bit of a recluse and a hoarder. There isn't any space to move within her house it's that bad and it isn't a small house by any stretch of the imagination. She also seems to get confused a touch so potential of dementia, but I can't be sure for certain.
She doesn't have anyone so often relies on me for help which I am more than happy to do.
Now she is a keen gardener and has two huge trees in her garden which massively overhang into my garden. I personally love the look of the trees but they are now completely overhanging my kitchen and gym room. They are at least 20-25m tall.
They sway a fair bit when its windy and I am concerned if they were to fall they would essentially wipe out both rooms.
Given the above what's the best way to approach this? And if she says she has no means of doing so how should I proceed?
My next door neighbour is a lovely old lady who unfortunately is a bit of a recluse and a hoarder. There isn't any space to move within her house it's that bad and it isn't a small house by any stretch of the imagination. She also seems to get confused a touch so potential of dementia, but I can't be sure for certain.
She doesn't have anyone so often relies on me for help which I am more than happy to do.
Now she is a keen gardener and has two huge trees in her garden which massively overhang into my garden. I personally love the look of the trees but they are now completely overhanging my kitchen and gym room. They are at least 20-25m tall.
They sway a fair bit when its windy and I am concerned if they were to fall they would essentially wipe out both rooms.
Given the above what's the best way to approach this? And if she says she has no means of doing so how should I proceed?
From a legal standpoint, you can trim any of the overhanging branches back to the edge of your boundary. However, this won't remove the risk of the trees falling down.
Are the trees actually at much risk of coming down? It's not often that a healthy tree is blown over, it takes a very severe wind to inflict the sort of pressure needed. They are designed to sway in the wind, so that's completely normal.
I'm surprised that your insurance says it wouldn't cover you. I could see that they might be able to exclude big trees that are growing in your garden (ie, you have control over them) but how can it exclude trees/plants/objects that you have no control over? That's surely the point of insurance!
In practical terms, if you want to have them removed, you will have to ask the old lady if she is amenable to the idea, and you'll probably have to pay for it too, as it is to your advantage, not hers.
Edit: Given that the cost of removing two large trees is likely to be around £1500, it's probably easier and cheaper to change your house insurance to one of the many that do cover tree damage.
https://www.theaa.com/home-insurance/advice/trees-...
Are the trees actually at much risk of coming down? It's not often that a healthy tree is blown over, it takes a very severe wind to inflict the sort of pressure needed. They are designed to sway in the wind, so that's completely normal.
I'm surprised that your insurance says it wouldn't cover you. I could see that they might be able to exclude big trees that are growing in your garden (ie, you have control over them) but how can it exclude trees/plants/objects that you have no control over? That's surely the point of insurance!
In practical terms, if you want to have them removed, you will have to ask the old lady if she is amenable to the idea, and you'll probably have to pay for it too, as it is to your advantage, not hers.
Edit: Given that the cost of removing two large trees is likely to be around £1500, it's probably easier and cheaper to change your house insurance to one of the many that do cover tree damage.
https://www.theaa.com/home-insurance/advice/trees-...
Edited by boyse7en on Tuesday 19th October 15:44
Edited by boyse7en on Tuesday 19th October 15:47
You have rights under common law to prune branches back to the boundary and offer the arising back.
If the tree has a Tree Preservation Order TPO on it, you as the neighbor can apply to the council to have permission granted to carry out the work. If the Work can be done from your side, ground level or using a MEWP (if you have access) you can go ahead. If the tree has to be climbed you will need your neighbors permission.
I would talk to her and see what she understands from the conversation, get some quotes and talk to her about what and why you want done to the tree.
If you are in a conversation area you will have to send the council a section 211 notice detailing what work you intend to do. They can’t grant or refuse but can put a TPO on the tree.
If the tree has a Tree Preservation Order TPO on it, you as the neighbor can apply to the council to have permission granted to carry out the work. If the Work can be done from your side, ground level or using a MEWP (if you have access) you can go ahead. If the tree has to be climbed you will need your neighbors permission.
I would talk to her and see what she understands from the conversation, get some quotes and talk to her about what and why you want done to the tree.
If you are in a conversation area you will have to send the council a section 211 notice detailing what work you intend to do. They can’t grant or refuse but can put a TPO on the tree.
TheGreatDane said:
She has no family which is why its so difficult to sort something out.
The trees look very healthy if I'm being honest, it's just my insurers have said if they fall I am not going to be covered for the resultant damage.
I would query this with your insurers as it doesn't sound right. I dealt with home insurance claims for a number of years.The trees look very healthy if I'm being honest, it's just my insurers have said if they fall I am not going to be covered for the resultant damage.
Under the Buildings and Contents sections of most home insurance policies, there is usually a cover called "falling trees and branches" This normally covers the damage to the buildings/contents and the reasonable costs in removing the fallen tree or branch. The exception to this would be damage to fences, gates and hedges which lots of insurers exclude if damaged by a storm or falling trees or branches
Further to that, if there is no defined peril/cover for falling trees or branches under your policy (which would unusual as it is a standard peril/cover on home insurance policies), it could also be considered under the Extended Accidental Damage section of most home insurance policies as the damage was sudden and unexpected.
I checked two random policies, one of which is at the low end of the market and both cover damage caused by falling trees or branches with an exclusion for damage to fences, gates and hedges.
Edited by Snails on Wednesday 20th October 09:44
I know a lot of people get a bee in their bonnet about trees - subsidence, falling on their house et cetera but if the tree is healthy I would not worry to much. If you are in an exposed area ie only you and your neighbour at the top of a high feature then maybe.
If you are worried though I would just speak to her before and then trim to the fence line. Communication is the key in a lot of these issues which does not seem to be amiss here.
As others have said 'excl falling trees' seems a bit tin pot on a house insurance policy.
Personally, with global warming and environmental issues in the fore it is always a great shame when trees are cut down.
Good luck.
Pip
If you are worried though I would just speak to her before and then trim to the fence line. Communication is the key in a lot of these issues which does not seem to be amiss here.
As others have said 'excl falling trees' seems a bit tin pot on a house insurance policy.
Personally, with global warming and environmental issues in the fore it is always a great shame when trees are cut down.
Good luck.
Pip
BertBert said:
TheGreatDane said:
The trees look very healthy if I'm being honest, it's just my insurers have said if they fall I am not going to be covered for the resultant damage.
Why not?OP, can you expand on this for us?
The policy doesn't cover trees above a certain height, I'll look into other insurers.
I'd love to cut the overhanging branches myself but having had spinal fusion surgery recently I'm not in a position to unfortunately so outside help may be the route forward.
However a lot of you have alleviated my fears as I do like the way the trees look and they definitely add character to the garden, if they aren't at risk of falling unless sick then that is that.
I'd love to cut the overhanging branches myself but having had spinal fusion surgery recently I'm not in a position to unfortunately so outside help may be the route forward.
However a lot of you have alleviated my fears as I do like the way the trees look and they definitely add character to the garden, if they aren't at risk of falling unless sick then that is that.
TheGreatDane said:
The policy doesn't cover trees above a certain height, I'll look into other insurers.
I'd love to cut the overhanging branches myself but having had spinal fusion surgery recently I'm not in a position to unfortunately so outside help may be the route forward.
However a lot of you have alleviated my fears as I do like the way the trees look and they definitely add character to the garden, if they aren't at risk of falling unless sick then that is that.
Thanks for that additional info.I'd love to cut the overhanging branches myself but having had spinal fusion surgery recently I'm not in a position to unfortunately so outside help may be the route forward.
However a lot of you have alleviated my fears as I do like the way the trees look and they definitely add character to the garden, if they aren't at risk of falling unless sick then that is that.
I've been on both sides of this problem as we had some of our trees overhung next door and at the other side, next door's our hung us.
The advice from the Specialist and Tree Surgeon was pretty clear.
You can cut back to your boundary ( no dumping of branches into next door) but offer them back. If in doing this you alter the dynamic of the tree and it fell into the owners garden and caused damage, they could have a claim, in theory but the bar is set fairly high if it was reasonable.
large trees are more likely to do ground damage due to roots pulling the ground in the wind.
Getting a Tree Surgeon to look at next door's trees might give comfort but really you need to put next door on notice of your concerns, apparently the liability test is what a reasonable person would do and if she get's even a reputable Tree Surgeon around they say the tree seems in good health, the chances of a claim succeeding in low.
One of my neighbours kept referring to case (I think, something like that, Harris v Khan) where the owner of trees was liable but upon reading the full transcript, it is clear that was much more complicated than a quick glance would suggest.
If it offers any comfort, both specialists were at pains to tell us that a healthy tree, in a suburban setting, all things being equal was very unlikely to come down, on the other hand a damaged tree is an issue but if your neighbour gets an even relatively qualified view, then from my experience you are really down to pleading good neighbourly relations as a way of getting what you want.
The advice from the Specialist and Tree Surgeon was pretty clear.
You can cut back to your boundary ( no dumping of branches into next door) but offer them back. If in doing this you alter the dynamic of the tree and it fell into the owners garden and caused damage, they could have a claim, in theory but the bar is set fairly high if it was reasonable.
large trees are more likely to do ground damage due to roots pulling the ground in the wind.
Getting a Tree Surgeon to look at next door's trees might give comfort but really you need to put next door on notice of your concerns, apparently the liability test is what a reasonable person would do and if she get's even a reputable Tree Surgeon around they say the tree seems in good health, the chances of a claim succeeding in low.
One of my neighbours kept referring to case (I think, something like that, Harris v Khan) where the owner of trees was liable but upon reading the full transcript, it is clear that was much more complicated than a quick glance would suggest.
If it offers any comfort, both specialists were at pains to tell us that a healthy tree, in a suburban setting, all things being equal was very unlikely to come down, on the other hand a damaged tree is an issue but if your neighbour gets an even relatively qualified view, then from my experience you are really down to pleading good neighbourly relations as a way of getting what you want.
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