Cutting through the roots of a silver birch

My neighbours have decided to put a fence along their boundary with our house. Apart from the fact that they came into our garden (without asking) and hacked down a load of shrubs which were clearly rooted in our garden, being about 2ft into our side (which I am seething about) and had would have had no impact on their fencing at all, they've mentioned that the roots of a tall silver birch are in their garden and they will need to hack a piece out of one or two roots in order to get their fence panels level. Before I say yes (although I suspect they'll just do it anyway), is this likely to damage the tree?

Thank you

K

 

Kathy, you must be livid!

I've an idea that hacking down your shrubs is illegal and they certainly had no right to do so.

I don't know what damage would happen to the silver birch by sawing through a root, I suppose it depends how big the root section is. But apart for possibly weakening and de-stabilising the tree, I would imagine it could be a way in for pathogens like honey fungus. I would get some advice from a tree surgeon, that the neighbours should pay for of course, before letting them touch it.

 

what they have done is illegal - trespass and damage to your proprty.

http://www.gardenlaw.co.uk/phpBB2/index.php

 

The tree will be doomed.... DOOMED! Birches react terribly to pruning above or below ground, and trees react badly to root damage, as per Blackthorn's post. I think what your neighbours have done is terrible - I'd be tempted to prosecute them for trespass and damage to property. Gits.

 

A very difficult one Kathy.

Your neighbours certainly had no right to come on to your property and cut your shrubs.
If you challenge them on it they may declare a boundary dispute saying it was their property
and you will be faced with surveyors measuring the place to the inch and charging you by the thousand.

As I understand the legal position, any overhanging branches and roots from trees which go into your neighbours property, they are perfectly entitled to remove. BUT they cannot damage the tree. Very tricky.

You could get a tree surgeon round to give you a professional opinion on the likliehood of removing some of the roots damaging the tree (I would think highly likely) and give a copy to your neighbour.

Is it possible to speak to your neighbour in a friendly way and sort the thing out amicably.
There willl have to be a bit of give and take on both sides.
Is it possible for your neighbour to have that section of his fence which passes over the roots to be raised slightly at the bottom.
If cosmetic work is required to make the fence look good if he does that can you pay the additional cost.

I do hope you can sort it all out.
It's horrible to be at war with a neighbour.

 

Shrubs or whatever on your property are yours and a neighbour has no right to touch them. However roots or top growth from plants in your garden extending into the neighbour's are another matter and I'm pretty sure the neighbour has the right to remove them though you may have a legal claim to to ownership of any material cut off.

I've just spent a couple of hours removing suckers that have sprouted up in one of our lawns and they come from a tree about 20' away in a garden next door. The tree is about 30'+ high so I don't think I'll damage it, but the suckers are ruining my lawn.

 

Whatever you do, stay away from solicitors and courts. They're slow, expensive and unpredictable. Worst of all, it hardens people's attitudes and makes them bitter. It's well nigh impossible to restore good relationships after solicitors get involved.

And if you ever want to move, you'll be asked legally binding questions about your relationships with your neighbours. A potential buyer may think you have a neighbour from hell and pull out of the deal.

 

Thanks everyone. I was very angry about the shrubs - and said so, not that it had much effect. They then claimed 8" of our land was theirs, stating that our conservatory guttering overhung their garden and therefore they had lost 8" of their garden. They were making noises aboutus removing the overhang. So, we spent yesterday evening hanging out of a window with a plumbline to establish that the guttering falls at the bundary rather than over it and have popped a note through their door to that effect. And we are hoping they accept that becasue as you rightly point out, solicitors and surveyors are mightily slow and expensive.

As to the birch we have a tree surgeon coming round soon to give his verdict. I understand the legal position is that they can do what they like on their land but would be liable for any damage. I'll await his report and then pop round for another pleasant chat. Having had a look at the birch it does seem to be leaning over so it may need to come down anyway although it's so graceful, I'd be very sad if it did.

Thanks again, really appreciate your advice.

K