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Question Title: Tree nuisance
| Question: 55 |
| We manage a property in South London. Via the tenants, neighbours have complained that Leylandii trees owned by the landlord and which form a boundary are causing subsidence to the neighbours' garage. Previously, similar trees were causing damage to the neighbours' property and were removed. We have, on behalf of the tenants, informed the landlord. Who is responsible and what action should be taken ?
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| Answer: |
| Trees are a particularly common cause of neighbour disputes both with regard to obscuring light, and because of damage caused by tree roots. Disputes relating to trees and hedges are generally resolved under the basic law of nuisance. If it can be proved that a particular tree is causing damage to a neighbouring building, then the neighbour can compel the owner of the tree to cut or remove the tree so as to abate the nuisance. An owner/occupier is entitled to quiet enjoyment of his land. In this case, if the trees are extracting moisture from beneath the foundations of the property and causing it to subside, then the neighbour may bring an action against the landlord for nuisance. The Courts can grant an injunction compelling the owner to remove the tree. The claimant may also ask for other remedies such as a claim for damages. As in many of these disputes, the difficulty is proving the tree is causing the damage. Further difficulties arise if the tree has a preservation order on it. Most councils now have a 'tree officer' who can be called on for further advice. The tenants have acted correctly in keeping the landlord informed and the responsibility is his. The owner of the tree will need to investigate his neighbour's claim and act on it as soon as possible. If he delays, and the damage become more serious, then he or his insurers could find themselves footing a bill to rebuild the garage. Finally, Government is has brought in legislation to control the 'Leylandii' nuisance and to force owners to prune such trees to reasonable heights without the need to prove that damage is caused, or light has been blocked - a good move.
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References:
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Hyperlinks:
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Letting Update Journal |
Jan 2003 page 18 |
letting-update-journal.html
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For more information, discuss on the Forum
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