Neighbour Wants to Chop Down Tree

[rideforever]

I have a new neighbour in the ground floor garden flat downstairs. We live upstairs in the top 2 floors.

She says that a surveyor told her to chop down the eucalyptus tree in the garden because it is a subsidence risk and she doesn't want to be responsible for any risks. Her Freehold stipulates that she is responsible for the insurance.

We love that tree. But I don't know what to do.

I fear that surveyors just cover their backsides stipulating anything that could possibly be a risk and so you just kill everything.

What can I do ? Is this a risk ? How can the risk really be assessed ?

(I mean I am not going to court over it but it's a sad day)

Cheers

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[nickjb]

eucalyptus are particularly bad for causing issues underground. They also can go a bit unstable and want to fall over as they get bigger, in fact is it already leaning? Personally I'd take it out and put something native in. Maybe a fruit tree. That'll soon grow and you'll love that, too

 

[rideforever]

When you say fruit tree ... could you provide details ?

Do you mean like a small apple tree ? a sapling ?

Well I think the neighbour won't replace it anyway.

 

[Mursal]

On a positive note, taking it away, might be the making of the garden/view.

 

[rideforever]

That tree IS the view !!!

 

[Deleted2797112]

Is the garden and tree hers or yours? When you say her freehold stipulates she is responisble for insurance, what insurance?

Generally, you would only be liable for damage occuring from an actionable nuisance from the point that you were notified that damage had occured and you took no action to abate the nuisance. If no damage has occured then there is no nuisance.

If you want the risk assessed, engage an arboriculturalist - check their professional credentials.

 

[rideforever]

The garden is hers, she owns the ground floor basically.

She is responsible for buildings insurance.

A surveyor noted the tree and told her it could cause a "problem" with subsidence and she told me she did not want to be liable for any problems due to her negligence.

 

[r896neo]

Whilst you clearly like the tree it is completely the wrong choice for that size of garden and I think its quite reasonable that it should be removed.

If its not causing problems yet it's very likely to when its bigger.

I'm not sure there is any point in your paying money for an arboculturalist report as you have no say whether it stays or goes anyway.

Perhaps you could offer to buy a replacement tree that is more suitable to a small space.

 

[rideforever]

I appreciate that.

Do you think it would be fair to say that if the tree where to cause a problem in the future it could be removed then ?

And I was also noticing that the gf extension is between the main house and the tree ... and so that the extension would be like an early warning sign. If a crack appeared in the extension wall, then we could remove the tree then and fix that crack.

Is that reasonable ?

If the tree is removed it seems to me that it would disturb quite a lot and incur costs and possibly unsettle the ground, so I am not sure if it is a false economy or would possibly trigger what one is trying to avoid ?

 

[Mursal]

I would think it will be to late when problems become apparent in the structure.

But, if you were to get a legal document drawn up outlining that you will take full responsibility for any liability caused by the tree in the future, your neighbour might give you a favorable response?

Do you want the take responsibility, because if the tree causes structural problems someone is going to carry the can and if you don't want to step up, the tree will have to go.

Sorry, but that's just reality

 

[Deleted2797112]

You didn't make it clear in your OP that the garden and tree are not yours. As such, you have no rights over the tree. It's entirely your neighbour's decision whether it stays or goes. Forget getting a professional opinion, you'd be wasting your money.

But if you want to fall out with your neighbour, you could contact your local council and explain that you believe the tree is at risk of being felled and would they consider a TPO.

 

[rideforever]

The neighbour asked me for my opinion.

I have actually emailed the council, but in any case I am only interested in making a good decision.

If there is a real risk then fair enough. If it's just a question of being fearful, then perhaps a little backbone is called for.

 

[Deleted2797112]

If it's just a question of being fearful, then perhaps a little backbone is called for.

It's not your call.

 

[rideforever]

No it's not my call.

However I was asked for my opinion.

 

[rideforever]

Brighton and Hove CC just got back in touch.

They said our property is in a conservation area and the tree has some degree of protection and offers benefits for several properties and may not be causing problems. And that the owner of the gff with the garden should get in touch with them and will assess the situation and perhaps grant the tree TPO.

Which then I imagine would shield the owner downstairs wrt the insurance.