# Tree question



## AJLang (Apr 12, 2015)

One of the reasons I bought my house 14 years ago, apart from it being very cheap, was that I love the trees in the back garden.  They were probably planted 30 or 40  years ago. A new neighbour moved in three months ago. Today she told M that she could not get house insurance unless we pulled down one of OUR trees and hinted VERY strongly to him that she wanted us to pull the tree down. We definitely do not want to pull down the tree which is definitely in our garden.  We also can't understand how this affects insurance the insurance and if it does why she bought the house if she can't get insurance.  She also said that the people she bought the house from wouldn't let her see the back of the house/garden before she bought it so she apparently didn't know about the trees. I've never had any problems with neighbours. Any thoughts abou this please?


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## Northerner (Apr 12, 2015)

Sounds like balderdash to me! How could you buy a house without seeing the back of it? Wouldn't you wonder what was being hidden? Wouldn't the survey have shown if there was a problem with a tree? Wouldn't the mortgage company have refused a mortgage on an uninsurable house? Poppycock, I say! 

The only tree I have heard that can be a problem is a willow, because its roots can grow far and wide, so needs to be X feet away from the house.


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## khskel (Apr 12, 2015)

The trees stay! We have several in a small garden and no problems.


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## AJLang (Apr 12, 2015)

Thanks Alan. Those were exactly the thoughts that I'd been having She used to run her own business and is older than me so she can't be that naive.


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## AJLang (Apr 12, 2015)

khskel said:


> The trees stay! We have several in a small garden and no problems.


Thank you


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## AJLang (Apr 12, 2015)

PS I'm not sure what the tree is but it definitely isn't a willow


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## Mark T (Apr 12, 2015)

As part of the survey, any tall trees that cause problems are declared.  If the survey doesn't mention your trees and they are a problem, then she has cause to sue the surveyors.  Alternatively, if they were mentioned and she didn't read the survey...

Although, if the trees cause problems for her insurance, they would also cause problems on your insurance.  So I think it's not a real problem.

Possibly there might be different problem that she doesn't want to mention, for instance my neighbours trees (until he chopped them) tended to interfere with his Sky signal.


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## Northerner (Apr 12, 2015)

When I moved in my neighbours immediately got onto me about 4 leylandii trees in my back garden. In that particular case I was only too happy to oblige and had them chopped down within a month. They were huge and totally unsuitable for the garden, blocking all the light. As they went so quickly, I don't even remember them now.

Actually, talking about not looking at the back of the house, I've just realised that I didn't really look at this house! I viewed the house on a Wednesday evening in February, so it was very dark. The vendor showed me over the garden by torchlight, but I didn't really get much idea of it until I moved in, because it was sold in a sealed auction on the Saturday and I didn't see it in daylight!


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## Robin (Apr 12, 2015)

Worth checking if you are in a tree conservation area. We are, and you're not allowed to touch a tree without getting permission from the District Council Tree officer. it means that if someone complains about one of your trees, you can say, well, we're not allowed to fell it, so,there! When I renewed our house insurance recently, I don't think there were any specific questions about trees per se, there was a question about subsidence generally, but if that was what your neighbour was alleging, then it would have been picked up by her surveyor, surely. it sounds to me like she wants the tree felled because she considers it an inconvenience in some way, and is trying to sound like it's a serious problem when it isn't.


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## banjo (Apr 12, 2015)

I agree - im a pro( or so im told lol) gardener - the law states that your nieghbours may cut any over hanging branches and give you them back if there is no TPO (tree preservation order) or you are not in a conservation area in either of those cases planning would have to be sought. She has no right to light or to a view unless there are so close to her its almost silly - and if there were any issues with the building due to them the surveyors report should have shown it up and therefore her recourse at that point is to the surveyor not you in the first case. The surveyor may then approach you but i would suspect it would then be up to you as to if you felt you wanted to remove them as a nieghbourly gesture.
personally i hate people cutting down trees leave them there lol.


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## KookyCat (Apr 13, 2015)

I'd play her at her own game a bit first, and say you've enquired with your insurance and there's no issue they can think of so ask her to provide more detail about the actual problem (on the basis that you're good neighbours and want to help her as much as possible with her insurance problem).  Take notes, so you can be sure you've understood, and see what she does.  If it's flim flam it should be obvious, it she genuinely has been given that steer from insurance then she'll have details.  It's possible she's been given a bum steer and at least you won't fall out without reason if that's the case


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## Northerner (Apr 13, 2015)

A good and obvious point - if you can get insurance then why can't she?


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## Catwoman76 (Apr 13, 2015)

Hi, sorry to hear of your tree problems with your new neighbours. Sounds as though this neighbour is trying to lord it over you a bit, which is not neighbourly. The answers you have had from members look spot on to me. You could just play it cool and say you are looking into all avenues and leave it like that, then see when or if she questions you again about it. Sounds like a lot of hot air and also trying to mark their territory I'm afraid  Good luck  X


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## newbs (Apr 13, 2015)

My Mum's neighbour has an issue with a small tree in my Mum's front garden, she goes on and on about it but the tree is beautiful and is not a problem in any way (except in her mind) so it stays.  

Your neighbour sounds like she is being ridiculous and causing a fuss needlessly.  I agree, play her at her own game.


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## AJLang (Apr 13, 2015)

Thanks everyone for your great responses. I'be shown them to OH and will leave him to deal with her because it was him she spoke to. Thanks very much everyone


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## stephknits (Apr 13, 2015)

My husband is an arboriculturist.  These issues are basically what he deals with.  He says if the tree is causing problems to the neighbours house this would have been picked up on the survey.  If no such issues have been seen then the tree as far as we know is not causing a problem.  Many insurance companies want to know if there are trees within specified distances of the property they have been asked to insure and may refuse to provide cover if there are.  Your neighbour needs to find an insurance company that doesn't have a policy that excludes trees within a specified distance.  Many insurers don't ask about nearby trees.
Unless evidence is provided to show that the tree is causing structural damage to the property the owner of the tree is under no obligation to remove it.  A neighbour can't force you to fell your tree just because one insurance company won't cover them. 
You need to know on what basis they want you to take the tree down.  For example if you are on a highly shrinkable clay in an area with a history of subsidence claims and the tree has a high water demand (eg willow, poplar, oak) then you may wish to consider removing the tree to prevent a future problem.

For now just sit tight.
Do ask if you have any further questions.


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## AJLang (Apr 14, 2015)

Hi Steph  Thanks very much that's really helpful x


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## KateR (Apr 14, 2015)

I would suggest she changes to your insurance company!


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## AJLang (Apr 14, 2015)

Lol Kate OH said it was difficulty at times to understand what she was saying because she was going round in circles but it appears that it is the same insurance company as the one we have


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## Sally71 (Apr 14, 2015)

Insurance companies can be completely irrational sometimes though!  We had to change our home insurance one year because the company we were with suddenly decided that they would no longer insure anyone living within 400m of water.  We are in a flood risk area but so far have been lucky and have never claimed on the house insurance for anything at all in our lives before.  So we went to the local canal with a GPS and hey presto it is exactly 400m from our house as the crow flies so we were denied insurance from the very company that had insured us quite happily the year before.  Even though we had never made any claims and neither the house nor the canal had moved at all.  

Hope you manage to sort it out, not nice to be off to a bad start with new neighbours!


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## Northerner (Apr 14, 2015)

Sally71 said:


> Insurance companies can be completely irrational sometimes though!  We had to change our home insurance one year because the company we were with suddenly decided that they would no longer insure anyone living within 400m of water.  We are in a flood risk area but so far have been lucky and have never claimed on the house insurance for anything at all in our lives before.  So we went to the local canal with a GPS and hey presto it is exactly 400m from our house as the crow flies so we were denied insurance from the very company that had insured us quite happily the year before.  Even though we had never made any claims and neither the house nor the canal had moved at all.
> 
> Hope you manage to sort it out, not nice to be off to a bad start with new neighbours!



Ridiculous! I live within 400m of the River Itchen, but it would need a flood of biblical proportions to even come near my doorstep!


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## Sally71 (Apr 14, 2015)

Perhaps we should have lied and said it was 401m away...
Didn't think of that at the time though, and it didn't take hubby too long to find another company that would insure us!


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## AJLang (Apr 14, 2015)

Thank you Sally. Sorry to hear that you had those problems with your original insurance company.


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## Highlander (Apr 14, 2015)

When we lived in Bristol, we had four Leylandii and one was within three feet of the house.   We never had any trouble with insurance.  So I think there must be some other reason that she wants the tree removed.  I doubt that she has a very good leg to stand on.  Perhaps she just likes something to moan about.


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