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We have a similar problem. Massive horse-chestnut tree planted in footpath...

I then pointed out that under common law, if branches overhang a property, the property owner is allowed to cut back the overhanging part.

 

The council then changed their stance, and said that actually yes, that's correct, however we are not allowed to use the trunk of the tree to get access to do this.

If the tree is on a public footpath then I don't see how they can stop you.

Imagine what fun the papers would have if the council start suing people for climbing trees in a public place...

 

---------- Post added 28-04-2014 at 16:06 ----------

 

Over the next few years it became apparent that not only were the berries on the tree poisonous (i had kids and a dog) and dropping on my lawn but they were beginning to damage my home.

I think you would have had a reasonable case there for nuisance.

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If the tree is on a public footpath then I don't see how they can stop you.

Imagine what fun the papers would have if the council start suing people for climbing trees in a public place...

 

---------- Post added 28-04-2014 at 16:06 ----------

 

I think you would have had a reasonable case there for nuisance.

 

Oh believe me i tried but he was an old man and the asbo lady must have took pity on him so it went no further.

It all got sorted in the end thankfully which is a good thing really.

 

---------- Post added 28-04-2014 at 22:03 ----------

 

http://i283.photobucket.com/albums/kk284/i3lade4life/Mobile%20Uploads/uploads/20140428_173145.jpg

 

Here is the tree as mentioned. Just noticed that the central of the trees has no green on it yet, so maybe it is dying after all. Maybe the council will decide to do something about it now

 

Google "Girdling a tree".

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We have a similar problem. Massive horse-chestnut tree planted in footpath just the other side of our boundary wall. Tree towers over the house, branches are within inches of the bedroom windows. Now the leaves are on, you open your curtains and there's just a wall of tree outside! The council happily pruned back the bottom branches so the footpath is clear, but won't go any higher. The tree must be 60 or 70ft tall. The footpath keeps having to be resurfaced, and we've had to have our retaining wall rebuilt because of root damage.

 

The council said they won't cut the tree back. Don't get me wrong, it's a lovely tree, it just needs some maintenance, I don't particularly want to see it go all together. I asked if they minded if we had it cut back. Apparently "no", we're not allowed to do this.

 

I then pointed out that under common law, if branches overhang a property, the property owner is allowed to cut back the overhanging part.

 

The council then changed their stance, and said that actually yes, that's correct, however we are not allowed to use the trunk of the tree to get access to do this.

 

So we're stuck. No light coming in the house, council won't do any maintenance, we're happy to foot the bill ourselves if need be, but we're not allowed to do this either.

 

I guess when the trees were planted, the "Corporation" had visions of someone looking after them in generations to come. I don't know how bad it has to get for them to actually do something - the branches are just about touching the windows.

 

We are in a very similar situation. HUGE ash tree on the pavement, it's roots are causing cracks in the house, huge roots in the garden, which they said we could remove (how kind) I just want them to maintain it. We did have others on the road which they removed and now they haven't replaced them (which they said they would do, it's nice to live on a tree lined road) Why they left this tree I'll never know it hangs over our property and scares me when it's windy in case it falls. Council cut backs have made these things much harder to deal with. I like trees but want them maintained, it's not right otherwise.

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There are several large trees that grow on a public gennel at the rear of my house. These trees are absolutely huge and cause a lot of inconvenience with leaves and sycamore seeds dropping as well as blocking the sun for the majority of the day. They do not offer any privacy from adjacent streets as the foliage is taller than any houses. All of our street share the same opinion. According to the council website they wont remove the trees for these reasons. So how can we get rid of them? Surely the council have some obligation to remove them? Some neighbours have talked about slowly killing some of the trees off themselves (root killer or battery acid) but that causes other issues with safety.

 

Has anybody else had any similar problems?

 

and if you did kill them off you would end up being charged will criminal damage or worse the trees might have preservation orders on them as they have been pruned and lopped .. ohh and putting battery acid on them you would also be breaking environmental laws as well by allowing hydrochloric acid to leak into the ground water which them has an effect on other wildlife and gardeners, i would suggest that you go down the correct route..

 

• There is no such thing as an automatic 'right to light', although rarely there might be such rights attached to a specific property, see here Pages marked with this symbol are exclusively written for Naturenet for more.

 

http://naturenet.net/trees/hedgerow/howhigh.html

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I rang a company a couple of months ago for a quote for my son, £600.00 a day plus vat. i advertised it on here for free to chop down and remove all the wood to sell, one came and took as much as he could and then left the very high top ones so he still has the huge tree very close to his house (on his land) but 600 + wow. will try again next winter when leaves have gone

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Wow!

Can't believe what I'm reading here.

 

Some eight years ago whilst still living in Sheffield we had a problem with a tree both raising the footpath and damaging the boundary wall. Also branches almost touching the bedroom window.

 

The council came...looked...and said they would remove it....at a cost to me.

They did the job and billed me £140, which was shared by agreement with the neighbour next door also affected by it.

 

It must be the cutbacks (excuse the pun) why policy has changed.

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I rang a company a couple of months ago for a quote for my son, £600.00 a day plus vat. i advertised it on here for free to chop down and remove all the wood to sell, one came and took as much as he could and then left the very high top ones so he still has the huge tree very close to his house (on his land) but 600 + wow. will try again next winter when leaves have gone

 

Bloomin heck. has your son got his own forest? It only takes a day to take one big tree down,or several small ones.

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Wow!

Can't believe what I'm reading here.

 

Some eight years ago whilst still living in Sheffield we had a problem with a tree both raising the footpath and damaging the boundary wall. Also branches almost touching the bedroom window.

 

The council came...looked...and said they would remove it....at a cost to me.

They did the job and billed me £140, which was shared by agreement with the neighbour next door also affected by it.

 

It must be the cutbacks (excuse the pun) why policy has changed.

 

I can appreciate funds are tight. What I can't understand is that the council are faffing about and spending a fortune digging up the pavement, resurfacing it, compensating us for the damage it's doing. They'd have saved a fortune if they'd have just maintained it in the first place! A stitch in time and all that. There's no preservation order on this tree, by the way.

 

---------- Post added 29-04-2014 at 10:36 ----------

 

We are in a very similar situation. HUGE ash tree on the pavement, it's roots are causing cracks in the house, huge roots in the garden, which they said we could remove (how kind) I just want them to maintain it. We did have others on the road which they removed and now they haven't replaced them (which they said they would do, it's nice to live on a tree lined road) Why they left this tree I'll never know it hangs over our property and scares me when it's windy in case it falls. Council cut backs have made these things much harder to deal with. I like trees but want them maintained, it's not right otherwise.

 

Twitcher, that's exactly how I feel. I like the tree, it's beautiful. It's just too flippin' big! A few weeks ago when we had those storms, it was pretty unsettling listening to it creaking away outside the window.

 

---------- Post added 29-04-2014 at 10:44 ----------

 

• There is no such thing as an automatic 'right to light', although rarely there might be such rights attached to a specific property, see here Pages marked with this symbol are exclusively written for Naturenet for more.

 

http://naturenet.net/trees/hedgerow/howhigh.html

 

This is true. The council won't act if blocking light is a problem. It's a shame, because it can really impact on your living standard. If your garden's constantly in the shade it takes some of the enjoyment out of having it. Our bedrooms are dark from April until the leaves come off in Autumn. Luckily it's only the upstairs that's really bad, as some light does get into the living room, otherwise it'd be very depressing.

Edited by Olive

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the council will not remove healthy trees they will send a tree surgeon out to look at them

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Try talking to them, rather than starting a war and killing them. They might cooperate and move on.

 

It didn't work for Clint though. Start of with some small talk like "got wood?" or something like that.

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Hi

 

Just a quick update....My tree, I have been informed is to be taken out the week commencing May 19th. I am so happy we thought of throwing a party to celebrate...A lovely man from Amey rang us called Bill Baxby to inform us of the news, this was followed up with a letter confirming the date...After 3 years the council has seen sense and finally we will see the light

 

Happy Happy Happy!!!!!!!!!!

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