Monday, 01 September 2014

law on trees

Posted in: Need to Know | Ask the Experts

01/03/2010 12:37 pm

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kass

kass

Posts: 629

01/03/2010 1:23 pm

I think you should have the right to have the tree either cut down or removed to allow you to have natural light.

You have to contact the council, and talk to the officer there who deals with trees. there should be someone there, generally in evironment department, explain to them your problem and they should tell you how to go about it. Please report what answer you get here.

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Sancho

Sancho

Posts: 226

01/03/2010 3:49 pm

Where is the tree? Is it in a garden that you have sole access to, is it in a communal garden or is it on a public road/footpath?

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nigel smith

nigel smith

Posts: 2

01/03/2010 4:12 pm

im with a houseing ass and the tree is on there ground they have just carried out remedial work on them by cutting a few branches away from the building but that is it when i asked them two cut the tree down they said no because it is healthy and it not a danger but i still have reduced light in my flat

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kass

kass

Posts: 629

01/03/2010 4:21 pm

nigel smith Mon, 1 Mar 2010 16:12 GMT

It took 20 years or something close for London and Quadrant to cut my tree and it looks like they only cut it down because other tenants joined in the wanting it cut down. So, if there are other tenants who have also the same problem as you it might help speed things up for you.

Also you should investigate whether the tree roots are causing any subsidence or other damage to the property, which would be another reason for having it cut down.

I am not against trees, and I would also ask they replant or plant a new tree at a more suitable distance or position not to deny natural light. But I would not make this an essential request.

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Expert post

Abimbola  Badejo

Abimbola Badejo

Posts: 120

09/03/2010 2:31 pm

The law on trees is can be quite complex and I am not entirely certain that there is a right to light. Please ceheck out this website which may be of further assiatnace to your particular problem. http://www.gardenlaw.co.uk/trees.

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Anonymous

Anonymous

06/08/2010 8:48 am

I,m sorry to have to inform you but there is no right to light. As part of the remit of my job I have to reularly inspect trees for the same reasons and have to inform our tenants as such.

A tree is a natural living thing and as such needs to be protected. A lack of light can be simply resolved by turning a switch. Plus pruning a tree to allow more light will not solve the problem. A tree with a large root ball needs the leaves to support healthy growth. If you start cutting off branches all that will happen is the tree will produce more,thicker branches and leaves to support itself creating a greater problem than before it was first pruned.

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kass

kass

Posts: 629

06/08/2010 8:56 am

Anonymous,

Are you saying a tree cannot cause a nuisance by reducing the quality of life?

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Anonymous

Anonymous

06/08/2010 8:57 am

Just for information Kass.

Most trees do not cause subsidence. Only if the tree is in clay soil will this cause a problem. Trees do cause a problem called dissertion, where the tree will take ever increasing amounts of water from the soil causing the soil to compact and any buildings within its root area to "settle". Cutting down the tree for such reasons then causes a much more dangerous condition called heave. This is when once the tree has gone its water consumption goes and the compacted dry soil re-hydrates causing the soil under the property to swell. Best advice I can give in such cases is leave well alone, learn to apprectiate the tree. By pruning and removing people only cause greater problems.

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Anonymous

Anonymous

06/08/2010 9:04 am

You can try and go down the the route of reasonable enjoyment, trying to prove that the tree in question is effecting the reasonable enjoyment of your property.

But as I stated the respones that the tenant will recieve are that  switching on a light will solve any light issues and also (not knowing the case) which was there first tree or tenant. In most cases the tree was there when the tenant took ownership of the property. This makes the reasonable enjoyment hard to prove.

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kass

kass

Posts: 629

06/08/2010 9:08 am

The tree in my small backgarden was sycamore, it was far taller of all surrounding properties, its huge amount of leaves caused roof gutters of mine and surrounding property to clog up regularly, crows would nest and fight there with other birds non stop, it would completely cover my garden above denying any sunlight and greatly diminishing  light, it's roots made the garden unsable for any culttivation, these roots were causing subsidence on my and surrounding properties, you could not stand under this tree 5 minutes without being covered with seedings, it was srpouting at the base no stop and sprouting all over the garden from it's roots, in short I could not use the garden. 

Trees have to be protected where they can be enjoyed and add to your well being, not where they make you life worse. 

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Junior

Junior

Posts: 649

06/08/2010 9:24 am

Our you or your family suffering health issues due to the tree's.  Go around to your neighbour's and get them to sign a petition if having the same problems and see what the Housing Assocition  - Tree Policy is our was having a yearly inspection and giving us the impression would be done.  We under our Tenant and Resident Association ensured that Management inspected and we have a two to three year plan to deal with the trees and also go the Local Authority to deal with the one's on the pavement.  I hope you have a Tenant and Resident Association near to your home and you go and speak at the next meeting regarding get some action. 

If not get involved and go to the next Resident next at the offices of the housing assocation and raise you concerns with Management.

Good Luck

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Anonymous

Anonymous

06/08/2010 6:37 pm

Junior

Not having a go here but what health problems can a tree cause?

I'm only asking because I hear some weird and wonderful reasons why trees should be cut down.

But your totally right. All trees should be subject to regular inspections, Its a health and safety requirement.

Kass

I always use a common sense approach to trees. If you have a garden which is say 5x5m with a mature tree in it then that could be a reason to regularly inspect the tree. But i wont cut down for blocked gutters, leaves or falling seeds. To me they are not acceptable reasons. Leaves can be collected, gutters cleaned and falling seeds only happen for a few weeks of the year. Epicormic growth around the base of a tree can be removed and either top dress the garden of cut out surface growing roots. As i've said before trees need to be protected as too many people are having trees cut down or pruned without understanding the additional problems that can be caused.

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kass

kass

Posts: 629

06/08/2010 7:12 pm

ANONYMOUS, a large tree like a sycamore in a small garden is a pest for the residents.  Yet again you fail to understand trees should be there to enhance quaility fo life not to deny it.  And you should blame whoever plants trees in the wrong places to start with.

Sycamores never stop seeding, unless it is because leaves are changing, which means blocked roof gutters, the whole areas swasrms with insects, etc. etc/  

#some of what you say would make sense if the landlords were regularly carrying out inspections, regualrly cleans gutters etc. etc.

But they don't.  Residents have to complain non stop for these things to be carried out year after year with no or very little results.

You are blaiming residents for wanting tree to be cut - it looks to me they are entirely reasonable to do so if the landlords are not looking after them as promptly as they should. 

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philipjohn001

philipjohn001

Posts: 31

06/08/2010 7:30 pm

How many trees have to be cut down before someone in authority realises the huge impacts this has on climate change?

These poor innocent trees that were usually there well before the tree-hater moved in have rights too. The right to life!

A sycamore in a garden of any size is a beautiful thing and just because it clogs a few gutters, or drops seeds (oh the horror!!!) it shouldn't be cut down.

Kass, if you campaigned to have this living thing KILLED OFF then shame on you!!!!

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Anonymous

Anonymous

06/08/2010 7:36 pm

Kass

If you read what i've said then you should understand that my point is that a tree survey and regular inspection is a legal requirement. I am not talking about specific cases just in general.

You have no idea how many times i hear residents complaining about trees and some of the pathetic reasons to have that tree cut down. If a resident moves into a property with a large tree in that garden and signs a tenancy agreement does he then have the right after a year or two of living there to have the tree cut down? That tree may be 100 years old and needs protecting. If the tree is causing as much distress the tenant can always move to a concrete jungle and leave the mature tree for people who may appreciate it. If a tenant moves into a property and allows a small tree to grow unchecked does he have the right to complain to his landlord that the tree is now too big and needs cutting down?

You seem to miss my point. Trees are protected by LAW!!!!!!

Time and time again i hear people claiming trees should be protected but not the tree in my garden!!!!

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Anonymous

Anonymous

06/08/2010 7:38 pm

Well said Phillipjohn!!

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kass

kass

Posts: 629

07/08/2010 12:27 pm

The tree posters above me are saying that a tree cannot be a nuisance or that even if it is a nuisance it should stay there and be protected.

I never heard such idiocies, but I am not suprised.

There are many trees removed all the time because they endanger or obstruc or other serious causes.  This is a fact.

If you got any brains try to campaign to have more trees planted in suitable places instead uttering idiocies.

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Anonymous

Anonymous

07/08/2010 4:30 pm

Lets get this topic back to basics. The original post was by Nigel Smith asking if he had a right to light. We can sit and discuss quality of life all day but the simple answer is no!!! A tenant can not have a healthy tree cut down because it blocks natural light, thats a fact!!!!

I know the answer to this as part of my job is to inspect trees and I think my expert knowledge on the LAW out ways any theorised responses.

Can a tree be cut down because its a nuisance. The simple answer is no!!! A tree can be cut down if its a health and safety risk or cause subsidence but falling leaves, seeds and surface roots are not valid reasons to have a tree cut down. The surface roots can easily be either dug out and the leaves/seeds cleaned up. Again this is FACT!!!

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kass

kass

Posts: 629

07/08/2010 5:32 pm

that's what I said, the orignal poster has to check if there is subsidence or danger to the building or people or some other serious cause,  Lack of light in itself is not enough.

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Melvin Bone

Melvin Bone

Posts: 193

07/08/2010 6:39 pm

What a bunch of townies. You lot would have cut down all the trees 'cos it blocks the light. Its also making the air breathable...

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