Unwanted Ash Trees

Unfortunately between my property and the neighbours property there are growning serveral Ash Trees which were seedlings from a very big Ash Tree that had to be removed. I have had discussions with my live away neighbour and in fact have written him letters. These trees grow at a very fast rate - this year alone the trees have grown 10 foot so far and still growing and are now beginning to affect my fence and patio. What I would like to know is there anything I can purchase that will destroy the roots of these trees as I seem to have a very unreasonable neighbour - Dave Walters

 

If the trees belong to your neighbour, then destroying the roots, which will damage or kill the trees is tantamount to criminal damage.

However you do have a right to remove any branches that overhang your property.

 

Thanks Sussex Gardener but what about the roots that are damaging my patio and the branches damaging my fence - These trees grow to 50 foor very quickly - To me there seems an inbalance

 

You have my sympathy Dave, but as I understand the law you have the right to remove any branches or roots which encroach onto your property but not to damage the trees ! Difficult one ! I can see your frustration there.
Your best way forward is by mutual agreement with your neighbour. What is it you want him to do ? Unfortunately, lovely as they are, in the wrong place trees can be a big problem.
Hope you can find some kind of resolution.

 

Hi dave.walters

Firstly, as previously mentioned if you kill your neighbours tree you'll be liable to prosecution. You are allowed to cut back any encroaching vegetation that is crossing your boundary, but you have to A.) Offer any cut branches back to your neighbour, B.) Ensure that the work you carry out is done professionally and does not lead to tree health decline.

Tree owners have a common law duty of care to maintain their trees and ensure they do not cause any harm or injury to people or property by their acts and/or omissions. What form have your letters taken? Formal or informal? You could try writing him a formal letter, reminding him of his duty as a tree owner, and that by letting his tree/s get out of hand he is at fault for any damage caused. You could also go down the (pricey) route of getting a solicitor to write a letter, or the (cheaper) alternative of getting some further advice from the CAB.

Mostly any advice you'll receive will be about compromise. You may have to come up with some plan that will please both you and your neighbour, and spread any costs between you.

 

Oh you have my sympathy. Ash trees grow like weeds round here. I am forever weeding them out of the garden. We removed two large ones from the side of the house and a few from the bottom of the garden. I have a russian vine trained through one and it looks rather nice.. They grow at an enormous rate and are far too big for the average garden. We had an issue with our neighbours over one they had in their hedge. After a couple of years it was casting our garden into complete shadow. They couldn't understand why we were asking to have it cut down. I couldn't understand why they wouldn't as they didn't plant the thing. I brought them round to show thwm exactly what was happening. They did take down the tree.
Have you shown your neighbours the damage it is causing.? I can't imagine they are in love with the trees. Horrible things ashes. You could offer to foot the bill ans they may (but may not) split it with you

 

CAn

 

It's a long shot but you may find some way of going along the party wall route, I'd phone my local council for advice. Sometimes they can be quite helpful!

I do know people in this situation who have just taken the bull by the horns and cut the tree - doesn't lead to good neighbourly relations but it doesn't seem as if you have those anyway. A solicitors letter warning that you are being forced to request action because of the damage their trees are causing to your property is probably worth the cost.

I live in a conservation area and we aren't supposed to cut anything without written permission, a roadside hedge completely disappeared over one bank holiday when a householder knew that the council offices and therefore the enforcement officer wouldn't be working and although there were complaints the hedge couldn't be restored. Not fair, I hate it but it's the way of the world it seems.