Tree overhanging house advice please?

[FrenchieBoy]

We have a large Beech Tree at the back of our property (Our property is owned by a Housing Association) but is growing on council land which makes the tree the council's responsibility. This main trunk of tree is less than about 15 feet from about property and we get problems with the drainage at the back each winter (I believe that the roots might be effecting the ground drainage system) and it is stopping the sunlight from reaching all of the properties that the tree is towering over. The tree has now grown so large that it overhangs part of the roof of our property and is vert close to the windows. During the Autumn and Winter we have to have our lighting and heating on most of the day as it is stopping most of the sunshine and warmth from getting into our property (Our living room and hitchen is at the back of the property where the tree is). This leaves our home feeling "gloomy and depressing". I have been told that there is a law that says that everyone is entitled to "reasonable sunlight" but I can only find anything about it covering Florida so I don't know if it applies to the UK as well. Does anyone know anything about this law and if it apply to the UK please? I would like any advice available before I speak to the council about it as our manageress is supposed to have spoken to the council about it but she is as much use as a chocolate fireguard and is too frightened to say boo to a goose!
Attached are three photos which will hopefully help you to understand what the problem is?

 

[willie_gunn]

You might find this document of use - just bear in mind it's written by the Council (Oxford City in this case):

https://www.oxford.gov.uk/download/downloads/id/2254/council_trees_-_customer_advice_guide.pdf

1. There is no such thing as a right to light concerning trees. The only right to light may be earned under the Prescriptions Act 1832, by which a person must have enjoyed light to a window in the dwelling for 20 years before the obstruction appeared. Redress must then have been sought in court within 12 months of the light being blocked or the right will be forfeited. If successful then an easement may be granted (that is, the granting of a right over a piece of land as a legal privilege) allowing the free, unimpeded, access to light. The Prescriptions Act 1832, only normally applies to buildings and or structures that are built which block light directly.

2. If you wish to exercise your Common Law right to remove (abate) the nuisance associated with encroaching trees - see Overhanging Branches.

 

[kes]

Hi Frenchie, My advice would be to contact your local Councillor and place this problem squarely in their workload. You are very much within your reasonable rights to request the Council remove the tree. I would also write to the Council stating that you have contacted the local councillor and will be contacting your solicitor to check your legal rights in the matter. I would write also to your Housing Association asking if the tree is the cause of the driange problems and stressing that the tree foliage is causing you both distress and cost for the reasons you gave. Ask them all for a response as you will subsequently contact your MP asking them to pursue removel in the interests of the local community.
There are many 'over mature trees (usually next to highways) which require removal and replacing with less mature specimens so you wont be out on a limb with this - pruning hard back is the most immediate remedy and could be included in a normal arboricultural programme. All the best.

 

[Twodogs]

Trees and the Law: What You Need to Know | RHS Advice

Learn about tree-related legal issues, including rights, responsibilities, and how to manage potential disputes.

www.rhs.org.uk

A useful read.

 

[saddler]

In my case I had to contact the council about a similar (sycamore) tree, but one that was close to the garden fence as opposed to close to the house.

Their first response was that they were very happy for me to trim the tree back to remove any over-hanging limbs, of which there were plenty.
My reply was that as the other side of the tree, from what I'd be cutting away, is a national cycle route, did that mean they'd be legally liable for any issues that resulted from my work, IF the tree subsequently changed tilt or fell onto someone due to being imbalanced?

The council sent out a tree surgeon and the tree was trimmed back accordingly, with the council footing the bill
My impression was the councils first reply was to avoid them having a bill to pay if at all possible - so act accordingly

 

[JTO]

Can you find any cracks in the brickwork?

 

[willie_gunn]

Not sure where in Lancashire you are, but by Googling "council trees blocking sunlight lancashire" numerous sites came up at both a county and/or local council level for either reporting problem trees or accessing the relevant council's tree policy:

Report vegetation and trees

We're responsible for the maintenance of vegetation and trees on the highway.

www.lancashire.gov.uk

Report a tree problem - Preston City Council

Report a tree problem on public land we own (e.g. a park)

www.preston.gov.uk

This from Lancaster Council: https://www.lancaster.gov.uk/assets/attach/151/Tree-Policy.pdf

South Ribble: https://www.southribble.gov.uk/media/1091/Tree-Policy/pdf/Tree_Policy1.pdf?m=637552254132570000

Burnley: https://www.burnley.gov.uk/sites/default/files/Burnley's Tree Management Policy Dec 07.pdf

You could also perhaps call the local council and ask to speak to their Tree Officer. That way there will be a handy record showing that you have followed all the official procedures.

Alternatively feel free to ignore all the above and dive down the adversarial route........

 

[SimpleSimon]

Speak to the council's tree officer, tell them you're concerned the tree may have Meripilus Giant Polypore fungus. Beech are very prone to Meripilus which can be damaging to the root system and cause them to fall over quite spectacularly.

 

[JTO]

Your property owner/or possibly you as the tenant, is entitled to cut off any part of the tree that is overhanging and deposit the branches on the property where the tree is growing. It looks as if that action would/might result in the tree starting to lean away from your house.

 

[JTO]

You could also ask the council for a copy of their public liability insurance. That might get few bums twitching.

 

[JMikeyH]

We have a large Beech Tree at the back of our property (Our property is owned by a Housing Association) but is growing on council land which makes the tree the council's responsibility. This main trunk of tree is less than about 15 feet from about property and we get problems with the drainage at the back each winter (I believe that the roots might be effecting the ground drainage system) and it is stopping the sunlight from reaching all of the properties that the tree is towering over. The tree has now grown so large that it overhangs part of the roof of our property and is vert close to the windows. During the Autumn and Winter we have to have our lighting and heating on most of the day as it is stopping most of the sunshine and warmth from getting into our property (Our living room and hitchen is at the back of the property where the tree is). This leaves our home feeling "gloomy and depressing". I have been told that there is a law that says that everyone is entitled to "reasonable sunlight" but I can only find anything about it covering Florida so I don't know if it applies to the UK as well. Does anyone know anything about this law and if it apply to the UK please? I would like any advice available before I speak to the council about it as our manageress is supposed to have spoken to the council about it but she is as much use as a chocolate fireguard and is too frightened to say boo to a goose!
Attached are three photos which will hopefully help you to understand what the problem is?

The term used over here is "Rights to Light", if that helps you in your search for the legislation.

Rights to Light

A

www.gov.uk

 

[willie_gunn]

Your property owner/or possibly you as the tenant, is entitled to cut off any part of the tree that is overhanging and deposit the branches on the property where the tree is growing. It looks as if that action would/might result in the tree starting to lean away from your house.

You should offer them to the tree owner as they remain their property, but you can't just deposit them on their ground.

This from the RHS:

"Once branches are cut off they should be offered back to the tree owner. If the owner doesn’t want them then you will be responsible for disposing of the prunings; you can’t simply throw them over the boundary into your neighbour’s garden!"

 

[countrryboy]

I imagine cutting branches over boundaries will be a moot point as tree belongs to council same as houses.

Not sure who u should speak to either Ur housing Assoc agent, or local tree officer or both, but u really want a decent tree surgeon to have a look and advise.

A decent crown reduction or raise could make the world of difference.
But on some soils cutting it down may not be the best plan for ground heave or shrinkage.

Or a similar post on arbtalk, a tree surgeons forum, a lot of very helpful and knowledgeable folk on there about tree stuff.

But really council/housing Assoc problem, just the best way to motivate them to do something.

I take it tree not got a TPO or in a conservation area as that would change everything.

 

[NullMac]

Hammer loads of copper nails into it and tell them it doesn't look well.

 

[GWP]

Does the tree not increase your insurance premium one of the questions on my last renewal was are there any trees within 60ft of the house

 

[Musketeer]

Hi Frenchie, My advice would be to contact your local Councillor and place this problem squarely in their workload. You are very much within your reasonable rights to request the Council remove the tree. I would also write to the Council stating that you have contacted the local councillor and will be contacting your solicitor to check your legal rights in the matter. I would write also to your Housing Association asking if the tree is the cause of the driange problems and stressing that the tree foliage is causing you both distress and cost for the reasons you gave. Ask them all for a response as you will subsequently contact your MP asking them to pursue removel in the interests of the local community.
There are many 'over mature trees (usually next to highways) which require removal and replacing with less mature specimens so you wont be out on a limb with this - pruning hard back is the most immediate remedy and could be included in a normal arboricultural programme. All the best.

Do this. I am a District Councillor and deal with this sort of thing all the time. The council will not want that tree to damage the house. It will be cheaper to sort the tree than rebuild a house.

 

[croydbay]

black and decker + SKB comes to mind!

 

[mudman]

move

 

[rem284]

I had a house with a large sycamore tree belonging to the council growing within 4m. The branches were touching the gutters. A large crack developed in the gable end wall. A builder repaired it but said the tree was the problem. I wrote to the council and they said I would have to get a structural engineer to prove the tree was the source of the problem. There would be lawyers involved as well and it just seemed like they were avoiding the cost of a tree surgeon. I sold the house

 

[palmer_mike]

black and decker + SKB comes to mind!

That would certainly do the trick