Yellow Bear Posted April 9, 2019 Report Share Posted April 9, 2019 Does anyone know the legal position with excavating through the roots of trees just over (300mm) a boundary line. Quote Link to comment Share on other sites More sharing options...
Lloyd90 Posted April 9, 2019 Report Share Posted April 9, 2019 Who’s side are they on? Someone has to be responsible for them. Who upkeeps them? Quote Link to comment Share on other sites More sharing options...
Yellow Bear Posted April 9, 2019 Author Report Share Posted April 9, 2019 7 minutes ago, Lloyd90 said: Who’s side are they on? Someone has to be responsible for them. Who upkeeps them? They are on my side and therefore my responsibility if they fall and for any maintenance required. Damage caused by others for their convenience may place me in a position of risk both actual and financial. Quote Link to comment Share on other sites More sharing options...
Lloyd90 Posted April 9, 2019 Report Share Posted April 9, 2019 Check if there are any preservation orders? If not can’t see why not 🤷♂️ Quote Link to comment Share on other sites More sharing options...
Yellow Bear Posted April 9, 2019 Author Report Share Posted April 9, 2019 (edited) 13 minutes ago, Lloyd90 said: Check if there are any preservation orders? If not can’t see why not 🤷♂️ No TPO. As to your second point it is similar to if you remove part of the footings from a boundary wall and it falls who is responsible? The wall was perfectly safe until you damaged the footing, are you not responsible for damage cause by your actions. Edited April 9, 2019 by Yellow Bear Quote Link to comment Share on other sites More sharing options...
oowee Posted April 9, 2019 Report Share Posted April 9, 2019 House / buildings insurance will cover it but if it's the neighbour doing the work to tackle your encroachment then i think you will find they are within there rights to do so. A discussion is clearly always preferable. Either way It won't do them much good would they be better removed? I have lots of trees and when I extended building inspectors were forever checking diameters and distances. I pulled a couple out with an excavator as there would be an issue with heavier foundations. Quote Link to comment Share on other sites More sharing options...
Yellow Bear Posted April 9, 2019 Author Report Share Posted April 9, 2019 6 minutes ago, oowee said: House / buildings insurance will cover it but if it's the neighbour doing the work to tackle your encroachment then i think you will find they are within there rights to do so. A discussion is clearly always preferable. Either way It won't do them much good would they be better removed? I have lots of trees and when I extended building inspectors were forever checking diameters and distances. I pulled a couple out with an excavator as there would be an issue with heavier foundations. a This I am aware of - until recently the area was pasture which was sold for building so "encroachment" was beneficial as it gave stock shade and have done for all the 30+years we have been involved with the property. Therefore the developer new of them before he set his plans. b The landscape submittal for planning consent as passed issued by the developer and passed showed tree protection fencing and stated NO mechanical excavation. This has been ignored. Quote Link to comment Share on other sites More sharing options...
oowee Posted April 9, 2019 Report Share Posted April 9, 2019 Sounds like he is clearly in breech of his PP conditions. If they fall down, the developer is likely long gone and you will have to prove that they fell down as a result of his works. Not easy 😞 I suspect that the Local Authority will not be in a position to do much about it as there are limited remedies and in any case if it involves anything more than a conversation they will not have the cash. What would you like the developer to do now? I am guessing something like agree to professional appraisal of the trees (Paid for by them following discussion with the Planning Authority) and the impact of his work to their future well being. The developer paying for subsequent remedial action, removal reinstatement. It's likely to be a world of hassle. Quote Link to comment Share on other sites More sharing options...
Yellow Bear Posted April 9, 2019 Author Report Share Posted April 9, 2019 7 minutes ago, oowee said: What would you like the developer to do now? I am guessing something like agree to professional appraisal of the trees (Paid for by them following discussion with the Planning Authority) and the impact of his work to their future well being. The developer paying for subsequent remedial action, removal reinstatement. It's likely to be a world of hassle. This is why I asked the question? Quote Link to comment Share on other sites More sharing options...
ClemFandango Posted April 9, 2019 Report Share Posted April 9, 2019 Why can't you fell them if they are on your land and there is no TPO on them? Quote Link to comment Share on other sites More sharing options...
Yellow Bear Posted April 9, 2019 Author Report Share Posted April 9, 2019 Just now, ClemFandango said: Why can't you fell them if they are on your land and there is no TPO on them? I do not want them felled for a start and secondly why should I have a bill and loss of amenity as a result of direct action in contravention of PP. Quote Link to comment Share on other sites More sharing options...
oowee Posted April 9, 2019 Report Share Posted April 9, 2019 If you want to try it I would start with the Authority. Slow and if they are like here (Bath and North East Somerset) they will have neither the staff or the inclination. There is though a glimmer of hope. If they still have a landscape specialist (even though they are not tpo trees) they can use him / her to tackle the developer. Likely they will have more time to dedicate. Quote Link to comment Share on other sites More sharing options...
Lloyd90 Posted April 9, 2019 Report Share Posted April 9, 2019 3 minutes ago, ClemFandango said: Why can't you fell them if they are on your land and there is no TPO on them? He doesn’t want to, it seems it is the neighbour cutting the roots, not him 🤔 Quote Link to comment Share on other sites More sharing options...
ClemFandango Posted April 9, 2019 Report Share Posted April 9, 2019 1 hour ago, Lloyd90 said: He doesn’t want to, it seems it is the neighbour cutting the roots, not him 🤔 1 hour ago, Yellow Bear said: I do not want them felled for a start and secondly why should I have a bill and loss of amenity as a result of direct action in contravention of PP. I miss read the original post. Apologies. Quote Link to comment Share on other sites More sharing options...
figgy Posted April 9, 2019 Report Share Posted April 9, 2019 If they are damaged by the developer he is liable for the trees and you can claim against him for the damage. If you cut the roots in your garden of a neighbour's tree and it kills it you can be sued for damages is what I was told. Quote Link to comment Share on other sites More sharing options...
scotslad Posted April 9, 2019 Report Share Posted April 9, 2019 Try looking at a forum called arbtalk, either ask the question or search as I'm sure it will have been asked before While the law way be straight forward enough I think in practice its a bit of a minefield Quote Link to comment Share on other sites More sharing options...
eddoakley Posted April 9, 2019 Report Share Posted April 9, 2019 Breach of planning conditions is hopefully the big factor here. Has the developer already cut the roots? If it's not been done yet then get on to the planning department asap and may be even a solicitor. If it's already been done then maybe it's too late to save the trees so now you need to decide what it is that you want next. Replacing the trees with the largest possible? Compensation? Fence? All of the above? More? So, have they already done the damage? Edd Quote Link to comment Share on other sites More sharing options...
zx10mike Posted April 9, 2019 Report Share Posted April 9, 2019 why should your nieghbors not be able to do what they want with there land ? you can't expect them to not dig if your trees are so close to the boundary of your land.i should think if your trees where to fall over in the next month you potentially could sue if they did not give notice. but you now know the trees may be dangerous or damaged and are failing to act as such. i can never understand why someone can do that to your trees with no thought of neighbour fued they are starting.best of luck and i hope it turns out you can get compensation. keep us posted ..... interesting one. Quote Link to comment Share on other sites More sharing options...
cuffy Posted April 9, 2019 Report Share Posted April 9, 2019 I don't know about the legal stuff but I'd be sending the council loads of pictures and reminding them of the planning conditions . All sent by email asking them for confirmation they've received it . Quote Link to comment Share on other sites More sharing options...
Yellow Bear Posted April 9, 2019 Author Report Share Posted April 9, 2019 14 minutes ago, eddoakley said: Breach of planning conditions is hopefully the big factor here. Has the developer already cut the roots? If it's not been done yet then get on to the planning department asap and may be even a solicitor. If it's already been done then maybe it's too late to save the trees so now you need to decide what it is that you want next. Replacing the trees with the largest possible? Compensation? Fence? All of the above? More? So, have they already done the damage? Edd Yes but I am not sure how far as I caught them and stopped the big digger but when my back was turned they stripped topsoil 300 to 600 mm with smaller digger and filled where they had previously started to dig . as to the rest I don't know. Having tried to contact planning and failed (they don't answer phone or call back). Had platitudes from the developers contracts manager, We emailed the local district councilor who is an acquaintance and on planning committee. He has forwarded to the head of planning dept who pushed down line and miraculously the root protection fence that should have been installed before starting appeared today. We are awaiting other fall out. 12 minutes ago, zx10mike said: why should your nieghbors not be able to do what they want with there land ? you can't expect them to not dig if your trees are so close to the boundary of your land.i should think if your trees where to fall over in the next month you potentially could sue if they did not give notice. but you now know the trees may be dangerous or damaged and are failing to act as such. i can never understand why someone can do that to your trees with no thought of neighbour fued they are starting.best of luck and i hope it turns out you can get compensation. keep us posted ..... interesting one. Read previous posts re planning consent, but outcomes depends is we have high winds in the next month - but you have a valid point re ongoing damage which is what worries us. Quote Link to comment Share on other sites More sharing options...
Mice! Posted April 9, 2019 Report Share Posted April 9, 2019 I would get your spade out and see what damage they have hidden filling in the holes, bleeding developers 🤬 Quote Link to comment Share on other sites More sharing options...
Yellow Bear Posted April 10, 2019 Author Report Share Posted April 10, 2019 19 hours ago, Mice! said: I would get your spade out and see what damage they have hidden filling in the holes, bleeding developers 🤬 Sadly that would put me in the wrong with Trespass - you can't just walk on to a construction site and start digging particularly where the consent seems to say "no digging" Quote Link to comment Share on other sites More sharing options...
scotslad Posted April 10, 2019 Report Share Posted April 10, 2019 Do u know any friendly arborists/tree surgeons.. Really u want to get someone round to ***** and document any damage, ideally the council Tpo officer would be doing the above. Tree law can get quite complicated ( without the planning permission) nieghbours generally have right to stop any encroachment but not to the detriment of the tree. Quote Link to comment Share on other sites More sharing options...
Recommended Posts
Join the conversation
You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.