Leylandii in raised bed

Hi

Yep...the title IS correct. The tree has indeed been planted in a raised bed. The raised bed is about 1' high and 1' wide and it's got a leylandii tree growing in it. I estimate it's about 8' tall currently and it's not being maintained by the owner (the neighbour across the back alley from my property). This is obviously cause for concern for me - as it's only 6' away from my own back yard wall and my own house isn't far back behind my yard wall.

I believe that raised bed hasn't got a "base" to it - so the tree roots can go down into the soil beneath.

Obviously the tree itself isn't going to be much happier about its location than I myself am and is hardly likely to grow strong and healthy in such a restricted setting as this. It's already got some reddish-brown branches at a lower level on it and I can spot some stuff that looks a lot like thick close-knit spiders webs on it.

From this - I would think the tree is already "announcing" that "I am not happy where I was put" iyswim and I estimate that the problems I can see it's experiencing already are likely to be spidermite and some other problem of some description.

What are the chances the tree itself will be so "unhappy" with its restricted circumstances that it won't actually grow much further and worry me (as the poor neighbour behind this idiot's house) on the one hand or send its roots up through his own extension floor and he realises it would be wise to remove it before it wrecks his house on the other hand. (NB: The tree is only a couple of inches away from his own house side wall and I can already see hairline cracks going up and down the brickwork from the window in his own end house extension wall).

 

Welcome to Gardeners Corner.

If as you say there is no base in the raised bed, then there's trouble ahead. Leylandii, amongst others should carry a warning on the tree's label when bought.

I've had my own issues with Leylandii. My neighbours and I both moved into our properties within a week of each other eight years ago. The sixty feet (in length) Leylandii hedge that ran between our properties was over fifteen feet high. My neighbour I hasten to add is not really a gardener.

The upshot of this is, the hedge only being fifteen feet from my home damaged our drains and foundations, twice. Luckily we were able to claim on insurance for the work that had to be done. The problem was that our property being 60 years old, it still had the original clay pipes which are porous and the roots had actually broken through these to get to the water, then went beyond into our foundations. The drains have now been replaced with 'plastic' pipes and foundations repaired. Because of the damage our neighbour decided to remove the hedge thankfully and since then I have grown a new Hebe hedge from cuttings for him, of which the roots are less invasive.

If you are on good terms with your neighbour, I'd have a friendly word about it and you could even print off what I have written here to show him, that's fine by me.

Other than that you can only hope that the tree doesn't survive, it doesn't sound very healthy anyway, just keep an eye on it. Lopping the top off will not make any difference either as it encourages the roots to grow.

Would you be kind enough to let us know how things progress please.

 

Thank you for your reply.

Errr...nope...I wouldn't describe myself as "being on good terms with my neighbour". He's done/attempted to do one or two previous things - eg attempting to pave our communal back alley with HIS paving stones (though that back alley is property of our Council) and caused various disturbances to my property that I've had to clean up after. So - I wouldn't exactly describe him as the reasonable type somehow....

I have requested him to remove the tree and pointed out to him that it will damage his own property - but no joy. It's obvious to anyone (except him it seems...) that it's simply not possible to plant a tree in that tiny little backyard and that the tree itself is going to suffer from such restrictive surroundings.

I went to my local Council and they just didn't want to know/not even any advice. Went to local Councillor and he didn't even come back to me. Neither Council nor Councillor even mentioned the High Hedges Act to me - but it doesn't apply anyway. It was so badly drafted that it doesn't cover solo Rogue Trees (it states "two or more trees").

I've been to my local Water Authority and said that this tree is right beside the communal sewer that serves both his and my road. They've been out and found there are indeed roots from his tree in their sewer and cleared them out and will have to replace the pipe (Victorian clay type) - but told me that the law won't even allow them to remove the section of roots in the drain underneath his back yard, let alone make him remove the tree. As it stands - our local Water Authority is going to have to come back at regular intervals to cut out his roots at all our expense (rather than being able to solve the problem at source). There are also some B.T. telephone wires running over his backyard - which the tree will interfere with at some point - and I don't suppose they have the legal right to do anything either.

Right now I personally:
- have contacted my insurance company and told them I am concerned in case his tree damages my property in the future. I have established I won't be required to pay any extra premium ever and that any claim would be against HIS insurance company
- told my insurance company who his mortgage company are (wonderful thing is the Land Registry) and asked them to write to his mortgage company and get them to inform his insurance company he might have a future claim if he doesn't remove the tree
- been on local radio gardening programme requesting advice on this and they agreed it was very unwise of him to plant a tree so close to his own house
- am awaiting a meeting with my local M.P. about the gap there would appear to be in current legislation (ie there doesn't seem to be any law currently covering solo Rogue Trees). NB: His isn't the only solo Rogue Tree (as there is a 3 storey high one in a tiny backyard up the top of our roads and this is sending branches right across various neighbours' windows and obviously the roots will be threatening their properties).
- am wondering whether to have an article put in my local newspaper about this tree (cue photo of me standing right in front of it) and publicly asking for a change in the law to protect people from solo Rogue Trees (but am wary of this - as this is my "starter house" and many years of being "stuck" in a little terrace house later....I still hope to sell up and move to a nice detached Forever Home with garden at some point).

All suitable suggestions very welcome as to how to handle this - as I guess you can tell this whole saga is "doing my head in" wondering how to resolve it.

 

Thanks for that.

Yep...I have been havering about whether to or no re an article in paper - but feared it might put off prospective purchasers of my house at least as much as it would put him "on the spot"....sorta confirms that perhaps I'd better not do that...

I will have to send him a "putting him under Notice" letter I guess and my solicitor (I say mine - though I've only used them back along for buying the house and then subsequently for remortgaging later on) gave me some free advice. The gist of which was to send him such a letter - including saying the effect on me - and to take dated photos of the tree at intervals. She said that my sending the letter myself (rather than getting her to send it) would, hopefully, keep me the right side of "having to declare a dispute" if/when I sell the house on. I DO feel bad about selling the house on until such time as the matter is successfully resolved - though I know full well that HE is the one who should be the "bearer of a guilty conscience" as he is the one who has caused the situation. But I'm the sort who would instantly accept that "Yep...fair 'nuff for you to knock £x off the house price I've set because I know very well the house needs a new kitchen"

Oh...wouldnt it be nice if one could do a "send the boys round" scenario - but I live in a (small) city - rather than somewhere "out in the wilds" where the community "protect their own". It don't function like that round hereabouts it don't...

 

You've already covered all the ground possible regarding the official side of the situation. I'm sorry, but don't see what else you can do.

I wonder if it's worth contacting an Arboralist (not sure the spellings right) and see if they can give you any advice.

Are the roots of the tree likely to interfere with your own drains, or could they be doing so already. If so, it's worth having them checked with a camera and if there is damage, send the neighbour a letter saying that his insurance will be footing the bill. This might make him think twice about removing the tree, especially if he realises other neighbours are likely to do the same thing. A call his bluff situation I'm thinking.

 

Thanks for those thoughts Sheal.

One of the reasons I called in our local Water Authority to examine the communal sewer is because that sewer lies underneath his side of the back lane and/or his back yard and that roots would show up there first - ie before getting the chance to clamber across into MY drain. The Water Authority have had a camera up the whole length of the sewer and checked the position and I have got a full copy of that report in writing from them and will be keeping that just in case....

They have also offered to send me out a "technician" of theirs to explain exactly whats what and I am in process of taking them up on that offer - so I know exactly whats where, etc.

I am accummulating enough info. re what to say in my letter to him officially "putting him under Notice" in case of possible future damage to make for a noticeable Impact Assessment section as it is. Apparently I can't even sit back and think "The barricades are manned - as the County Council are keeping a good eye on their back alley between us and the Water Authority keeping a good eye on their sewer". Reason being - that if (or, probably more accurately, when.....) his tree has such a go at his own house extension that he has subsidence - then there are at least some mortgage companies that would ask a potential future buyer of MY house whether there had been any subsidence "within 50 metres". Thus - any subsidence HE has might cause a buyer of MY house to have a possible mortgage issue. Oh boy..oh boy.....am I ever glad that at the time I bought this house I thought "You never know what idiot may come along in the future and have an impact on my house.. ...being a terrace house and all the houses so close to each other....I'd better take out the legal insurance add-on just in case...".

I think it wise to mention in this Notice letter the impact on possible future saleability/ease of finding a buyer as a possible impact on me from him keeping the tree - as, if he caused any loss in my house value, then I would look to him/his insurance company to make up that loss to me.

Re other neighbours - I have told all immediately surrounding neighbours about possible impact on them and they are "taking the easy way". That is - "let HER deal with it all on her own - she's a capable sorta person and I want to put my feet up and let someone else do all the work......" (sometimes I wish I DIDN'T come over as capable/intelligent/etc - so I could play the "Lets put my feet up - and someone else can deal with it" card...).

 

Loofah, that probably wouldn't be a bad idea in a different situation, but I'm sure this neighbour would know where to look first if Cariad was to do this.

 

Cariad, you are right to hold onto any 'evidence' for the future. If his property is already starting to suffer then it won't be long before he realises that it's going to cost him a lot of money for repairs, assuming his own insurance is up to date. But will he be able to claim off his own insurance as he is aware of the situation with the tree? Is he aware also that in the likelyhood of him wanting to sell, it will be a non-starter and also more difficult as buyers will be wary of buying a property with foundation damage, even if repaired, amongst other things.

You said that you know who his insurance company are. I wonder if they have made contact with him and if so I suspect he will have ignored them. I don't know legally whether it's the right thing to do, but perhaps you could write to them stating the situation. They will not want to pay out to him (if they will pay out) in the future for a situation that can be corrected now.

I sympathise with you, I was lucky enough to have good neighbours with my situation, but unfortunately there's some hard headed, stubborn people around and this is probably why he won't remove the tree at this point.

 

Thanks for further thoughts.

I know who his mortgage company is (as those details are held by the Land Registry) - but I don't know who his insurance company are. I've just heard from my insurance company that they don't write letters to the "other" insurance company in these circumstances. So - I've got no way of contacting his insurance company (bar paying a private detective a couple of hundred £s....which I'm reluctant to do and don't know if it would be helpful anyway..). Obviously already he hasnt helped his chances of selling on the house by putting that tree beside it. Errrmm....I wouldnt imagine he is the sort of person who would think in terms of "climbing the housing ladder" I would say, so I rather doubt he even thinks in terms of selling it ever...I may be wrong...
. Errrrm.....I, however, am someone who "climbs said ladder" if I have the chance and have always expected to buy a starter house and then climb upwards (hence my concern with not having my house sale prospects impaired...).

I don't know whether he would be able to claim from his insurance company when the tree damages his house - as he's hardly likely to tell them that he "knew or could reasonably have known" that this would happen. I'm just making sure that its HIS (not my) insurance company that would pay out if his tree ever damages my property (hence my concern to have it on record that I've pointed this out to him - to ensure that fact).

I don't know whether he is "hard-headed/stubborn" or no. Personally - I think he's just not "thinking straight" for whatever reason....

I've read a load of stuff by now about foundation damage - and duly found that it looks as if he would need to have his house underpinned if (when!) the tree ruins his foundations. On from this - underpinning lasts 15 years. The house insurance shoots up of an underpinned house and its sale prospects shoot down.

Thank goodness I have "barricades" between his tree and my property - heaves HUGE sigh of relief about that fact at least....