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Legal, pensions and money

Trees

(37 Posts)
llizzie2 Tue 10-Sept-24 02:07:57

I have a neighbour who planted trees near my property. They drop dirt and leaves into the gas boiler flue which was on the flat roof of the disabled living extension before the trees were planted.

I have been told by the police that I have the legal right to cut the trees back to the boundary, and if I choose not to exercise that right, it is my own fault if my gas flue gets blocked. I wrote to my house insurers last week and so far have only received an auto reply.

When the police rang last month and told me that, I said the neighbour has cut off access so I cannot cut the trees back to the boundary. The branches are spreading across my flat roof and are almost at the apex of my main house roof. The ones with branches spreading over my wheelchair ramp I could cut back to a certain extent if I have £500, but the trunk is so close I would have to have them cut the trunk (it is supposed to be illegal anyway to plant over a drain and 12" from a house wall) the police said I cannot lower the height, so I cannot cut the branches spreading over my ramp. They are also very high.

The trees spreading over the flat roof are higher than the house. It would cost thousands to cut those branches, but it cannot be done from my property because the neighbour has taken up my fence and put wood planks to obstruct my access. The police refuse to comment on that.

I shall be 84 at Christmas and have been disabled since I was 46 in 1987, 9 years before they bought that house.

Has anyone else had this problem? I know I have the legal right to cut the trees back to the boundary. Not only do they block my gas flue, but they rub against the roof and guttering.

They are the reason why I have been refused equity release.

NotSpaghetti Wed 18-Sept-24 13:27:02

mabon1

Of course you can cut the tree to the boundary.it's legal as long as you hand the branches back to your neighbour.

You don't hand them back. This is what lots of people think but it is wrong.
You have to ask if they want them back.
It is your responsibility to dispose of them otherwise.

Caleo Wed 18-Sept-24 11:11:59

If the trees are a hedge ( 18 inches apart)they must be no more than 12 feet high

Caleo Wed 18-Sept-24 11:04:17

The tree looks like a leylandii .These have shallow roots so not a big worry about damage from roots.

Can you pay an experienced tree surgeon to climb on the extension roof and cut the overhanging branches? True, he won't be able to climb the tree to lower its overall height. However there may be a device to protect the gas flue against falling foliage.

If you built the fence they should not have replaced it without your permission.

David49 Wed 18-Sept-24 07:34:00

I would try to get an agreement with a neighbour but if he was belligerent, the tree would mysteriously die, due to dry weather of course. Trees close to a house will damage drains and foundations and need to be removed.

mabon1 Tue 17-Sept-24 19:20:04

Of course you can cut the tree to the boundary.it's legal as long as you hand the branches back to your neighbour.

Aldom Thu 12-Sept-24 09:38:13

Onp I agree, it's quite difficult to spot the word leylandii in the post isn't it. grin

Oldnproud Thu 12-Sept-24 09:23:20

Aldom

OldandProud the trees are leylandii, see OP's post at 2.26pm on first page.

My skim reading is worse than I thought - I had 'read' all the posts before I commented, then had to read that particular one again several times before I could find the mention of leylandii. blush

sharon103 Thu 12-Sept-24 00:20:38

Here's a link to the GOV.UK site regarding complaints and info and the rules of what you and the council can and can't do.

The council can reject your complaint if they think you haven’t taken all reasonable steps to try to settle your dispute without involving them.
In other words you will have to speak to your neighbours about the problems with the overgrowth and the danger of the branches obstructing the flue and guttering.
Have a read and hope this will be of some help to you.

www.gov.uk/government/publications/high-hedges-complaining-to-the-council/high-hedges-complaining-to-the-council#what-you-can-complain-about

Aldom Wed 11-Sept-24 23:14:41

OldandProud the trees are leylandii, see OP's post at 2.26pm on first page.

Oldnproud Wed 11-Sept-24 19:47:57

What sort of trees are those? In the photos they look like evergreens, possibly even leylandii, though they don't have leaves as such.

But if they were leylandii, things might be easier to resolve, as I think that keeping them below a certain height can be enforced by law.

NotSpaghetti Wed 11-Sept-24 16:22:58

Sadly I think you will have to cut this back to the boundary at your cost.
If they are planted in a row (forming a hedge) the hedge laws will come into force - and then you can go via the council regarding the height.

The good news is that cutting this sort of tree back will only need to be done once as no they make no new growth where you cut them.

flappergirl Wed 11-Sept-24 09:01:29

I wouldn't have thought the Police were the best agency to advise in this instance. Their training most definitely does not encompass the highly complex laws around boundary disputes. I'm surprised they didn't recommend that you take legal advice. You need to contact either the local council or a solicitor as other posters have mentioned.

Aldom Wed 11-Sept-24 08:26:43

I feel so sad for you in this dreadful situation. As someone earlier suggested, if you have a buildings insurance policy with legal cover included you should contact the insurance company. Please have a conversation with the legal representative, they may be able to help you. Hoping for the best for you.

Allira Wed 11-Sept-24 08:22:10

You must establish the exact boundary between their property and yours. If you do ot have the plans they will be with the Land Registry. The longer he encroached on to upyour land, the more likely he will be able to claim it is now his.

You are entitled to cut back any branches on your side of the boundary.

Blocking a gas flue is an urgent matter of Health and Safety.

Your Council should be more proactive, they are being negligent. Have you contacted your local Councillor and if necessary your MP?

David49 Wed 11-Sept-24 06:46:43

You need a solicitor a neighbour cannot plant a tree in a position that would damage your house. If the branches are touching your guttering the roots will be damaging the foundations, and they certainly cannot block access.

If the neighbour is belligerent and the council won’t help it’s going to be expensive so be warned and it will be recorded as a neighbour dispute which may affect house value when you sell.

Personally I would just give him notice, pay for the tree cutting and put up a new fence and let him waste his money trying to stop me. Make sure you have your official boundary plan to work to.

llizzie2 Wed 11-Sept-24 02:26:13

I have tried to upload photos to show you but they fail each time.

THERE IS A WARNING TO MANY PEOPLE WITH THIS EXPERIENCE. I many go under, but if by posting this I can warn other elderly home owners, then it will not be so much in vain. I am surprised I lived this long.

When I posted, I really just wanted to know if what the police told me was true.

My house is detached, and set back from the rest of the houses. It is at the end of a cul-de-sac. Because it is set back from the row, the front of my house is about 2/3 metres from the back of their house. I have lived here since 1986. They bought that house in 1995. They were not very kind at all. When my late husband, who was 20 years older than me was diagnosed with Parkinson's and I was disabled, we raised the money to build a disabled living extension in 2001. There were no objections at all. It was designed by a local architect and passed by the council, monitored by the Council Buildings Inspector at each stage. The gas boiler was installed in the room at the top of the wheelchair ramp and the flue on the roof.

Then in 2003/4 they planted the trees against the wall. which eventually grew and started to block the gas flue.

Then they actually put wooden planks from their tree to my wall, blocking off access to my own property. I cannot access the trees because they are their trees planted on the boundary line. They also removed the boundary fence. At that time I wrote to my solicitor who replied saying that would not affect the value of the house or prevent future selling, and I believed that. He has since died, and the firm he worked for refuses to take responsibility for it. For 2o years I have thought that, but it isn't right, and people are saying I am out of time.
I have no money. I tried earlier this year when a tree surgeon offered to cut the ones spreading across the wheelchair ramp, but she wouldn't give access, and in any case, the trunk is now a size that is right across the boundary, and to cut then would kill the trees - leylandii. They are now as tall as the main house, and the branches are spread across the flat roof and reaching the top of the main roof.

That means I would have to find someone who can climb up a tree 50ft high and only cut the branches my side without lowering the height of the trees, which would be illegal, then it would have t o be done every so often.

It is a bizarre situation. Now I find I cannot get equity release or sell the house because no one will help me finance it, because I was told last month, for the first time in writing, that the trees are the problem. Up till then the local estate agents refused to say why the value is lower. It is a sought after property on a sought after estate in a sought after town.

I have started following a number of Companies connected with the town and the property managers. What I see I don't like. I think because of my age they will sit on my daughter until she gives in and sells under value when the time comes. You have to pay interest on IHT after 6 months, and that is how these people buy up properties. If I borrow money, I might be able to maintain it better, but they don't want that. They gut the insides as you see on TV, which costs a lot, and to make a profit they have to buy cheap.

Now I have discovered that there is a partnership of property managers and landlords, and tradespeople who are buying up the detached houses on this estate and turning them into two dwellings. It started with covid deaths of owners. I am housebound, so only go out to appointments, and my carers have pointed out to me that the houses have the same cladding, the same front doors, and are numbered with a) and b). It could become a gated community. They can only do that if they buy the properties under value. My house is secluded, not overlooked and has a view of fields from the front windows. There is nothing in front of the long front garden, so gets the sun all day. There are parking spaces for 6 visitors cars. I have a frontage of 58ft. You could build a small house the other side of the disability extension, yet it is valued at nothing for mortgage and equity release purposes.

When I saw that report last month I was really shocked. If any house can be devalued in that way, so that only a cash buyer will be able to buy it.

llizzie2 Wed 11-Sept-24 01:49:24

I thought so too, but it doesn't work like that, apparently.

The trees do not block my light or view. I cannot see them.

They are however, damaging my gutters and cutting the ventilation around my gas flue.

They knew I was a wheelchair user when they bought the house.

llizzie2 Wed 11-Sept-24 01:43:29

I cannot upload the photos to show.

llizzie2 Wed 11-Sept-24 01:42:23

Here is a photo taken last weekend.

llizzie2 Wed 11-Sept-24 01:41:08

I wrote to my insurers last week. I have received only an auto response.

I have tried many times over the years and at various times they will not take the risk. They have also said I am out of time, but I don't agree, because the trees are growing out of hand.

llizzie2 Wed 11-Sept-24 01:36:38

I have tried those people, and they will not get involved in neighbour disputes.

As far as I am concerned, there is no dispute. I have never spoken to the neighbours. In my life I have never argued with anyone. I have written to them, politely, and received no reply.
They have reduced the value of my property. Even if I could move now, I cannot sell it.

llizzie2 Wed 11-Sept-24 01:33:22

I thought so too. It seems to me to be insane.

If true, it means that anyone can plant trees against someone else's property and not be responsible for them or the damage they do.

Patsy70 Tue 10-Sept-24 10:22:54

I’d follow advice from J52.

Allira Tue 10-Sept-24 10:14:35

👍

Iam64 Tue 10-Sept-24 10:14:03

J52- good advice