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Subject Topic: Legal Status/Help with Tree with TPO Post Reply Post New Topic
Personjazyjeff
28/4/2016 at 4:04pm
 Location: Tyne & Wear
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There is a tree in our next door neighbours that has a Tree Preservation Order on it. Our neighbour has neglected the tree and in the 17 years we have been in the house had it cut once - this being last year.

We have a kitchen extension on our house that has moved since it was built, there are also cracks appearing up walls before appliances and a surveyor thinks it could be the tree roots.

We are going to dig down to our foundations this weekend to see if it is the roots that have done damage or broken a drainage pipe but what I was wondering is how is then responsible to pay to get it fixed. Us as property owners - although not allowed to touch the tree or the roots, the neighbour for neglecting the tree and not having it cut back regularly which might have stopped the roots growing so big and long or the council!

Any help with this would be invaluable


PersonThe Vicar
28/4/2016 at 4:19pm
 Location: Suffolk
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I would suggest that before digging down you contact the Council. It could be that they have a tree professional who can advise you and your neighbour. If you damage the roots you could harm the tree.

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A Fart is only Natures Ringtone

Finish what you sta


Personpeter1474
28/4/2016 at 6:47pm
 Location: ML9
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Find a root, copper nail. Preservation order or not I for one would not have it damaging my property, also contact your House Insurance people.

I like trees but not near homes or buildings.

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Peter and CofSD (Anne)


PersonAcornis
28/4/2016 at 7:27pm
 Location: North Norfolk
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Not sure that trimming the tree will necessarily stop or reduce root growth. Possible the reduction in moisture in the ground because of the roots may cause settlement depends on the make up of the ground. A deep trench between your property and the tree backfilled with a plastic material like pond liner would help stop the spread in the future. Sounds like a call to your building insurance company is in order.

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Just saying
If all is not lost where is it then?


PersonGCMS2012
28/4/2016 at 7:59pm
 Location: Northumberland
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Have an ask HERE.

They maybe able to give some 'free' advice...???

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Damned if I do...

Damned if I don't!!!!


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PersonFiona W
28/4/2016 at 8:00pm
 Location: Ayrshire
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You don't need to dig to check roots. I helped a church that thought a neighbour's tree had caused cracking. I'm a dowser, anyone can do it, and I showed the church representative that the tree roots weren't to blame as they were nowhere near the walls. The foundations of the church hall had settled, hence the cracking. Trimming a tree doesn't change where the roots go. And no tree needs trimming, just the removal of dead wood. The roots seek water, that's all. The copper nail is a myth. Makes beautiful wood - I have a Yew bowl with the staining from a nail.

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PersonAcornis
28/4/2016 at 8:45pm
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[I'm a dowser, anyone can do it,]

I cant, I worked with a guy years ago, when I worked on the gas, who could. I always ended up digging.

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Just saying
If all is not lost where is it then?


Personpeter1474
28/4/2016 at 9:11pm
 Location: ML9
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Quote: Originally posted by Fiona W on 28/4/2016
You don't need to dig to check roots. I helped a church that thought a neighbour's tree had caused cracking. I'm a dowser, anyone can do it, and I showed the church representative that the tree roots weren't to blame as they were nowhere near the walls. The foundations of the church hall had settled, hence the cracking. Trimming a tree doesn't change where the roots go. And no tree needs trimming, just the removal of dead wood. The roots seek water, that's all. The copper nail is a myth. Makes beautiful wood - I have a Yew bowl with the staining from a nail.


Roots grow out as the tree grows taller, if they were seeking water they would grow downwards. And yes a copper nail works.
Also trees require trimming from time to time especially garden trees, I know that for a fact, I do my mother's otherwise she would not see out her front window. The roots growing towards the house were copper nailed long before they reached the house. Guess what the roots that were nailed died. And the only water they could have been going for would have been the bathroom taps lol



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Peter and CofSD (Anne)


PersonOliverDay
28/4/2016 at 11:21pm
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What type of tree and what type of soil?

There does seem to be some inconsistency as it appears that it is the newer extension that is damaged and the house is ok. The extension should have been built with sufficient foundation so as not to have been affected by heave or subsidence caused by the tree. Building regs are quite tough in this respect. Good foundations should not get damaged by the root so not sure what you are digging for. How have you established it is the extension that has moved and not the house?

Personally I would leave it with the insurance company to sort out.

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Ollie

2016
Monplaisir - Provence
Camping Les Gorges du Loup


Personslackalice2k
29/4/2016 at 4:53pm
 Location: East Yorkshire
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I think if it has a TPO on it, there's nothing much you can do until you've spoken to the correct people. If you're seen to do anything to it without authority they will collar you for it.

Is it only the neighbour who says it has a TPO or does he have the documents to prove it?

I'm not sure who would be liable for tree root damage but seem to think it's just a case of bad luck on your part if it is the roots doing the damage.

-------------
Alice xx


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Personfreeatlast
30/4/2016 at 10:01pm
 Location: Teesside
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No doubt the tree has been there longer than your kitchen extension. Therefore the foundations of your extension should have been to a depth appropriate for the type of tree.

A neighbour of ours had a kitchen extension and had to make the foundations 16 feet deep because of the type of tree close by! The neighbour the other side had to have a very expensive engineered raft laid for their foundations, all approved by Building Control before work could start.

I would therefore suggest the cracking could well be due to poor building specification rather than the known hazard of the tree, and you might well find you have no claim on your neighbour.



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