# Buying site: Tree in boundary ditch



## raven (9 Jan 2010)

Following on from an earlier post on purchasing a site,- I'm wondering about a particular tree on a boundary ditch. The gable end of the house as per the plans comes right up to the ditch boundary and this tree, - literally just a narrow footpath between. 
The tree is not huge,  - but certainly big, - big enough to be concerned about it coming crashing down some stormy night.
I'm wondering does anyone know how difficult it is to either cut it down (ideally) or top it? The tree is a bit of distance away from the dwelling on the neighbouring property, so they may prefer to retain for reasons of privacy. Would the owner of the neighbouring property on the other side if the boundary be able to simply refuse to allow it to be cut down or topped? Do I even need to seek ther permission at all of its arguably a danger to a dwelling?
Obviously the tree might even be preserved in terms of planning etc. - in which case I guess its a whole other ballgame.
Also, I'd be concerned about roots and the foundation, - but I believe (correct me if wrong!) that its possible to put a sheet of steel or some other protection in place to to prevent the roots from growing into the foundation.
Any suggestions or advice appreciated!


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## mathepac (9 Jan 2010)

While running the risk of being accused of smart-alecism, why not just buy a site without all these complications?


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## onq (10 Jan 2010)

I thought you were going to take up the foundations Raven, so you could re-design the plans to YOUR specification.

Regarding the removal, it used to be that once its within a certain distance of a habitable house you could cut a tree down.

Development plan standards might only be invoked if you seek permission before cutting it down, but you should get clarity on this.

A tree on the boundary can become the subject of dispute should you try to remove it.

You seldom see full tree removal nowadays, the tree trunk is cut low to the ground and the roots are left in the ground and ground down.

A mature tree on your site will tend to beautify the house and lend some visual amenity to the land albeit at the cost of some leaf litter every autumn.

Building that close to a boundary which is a ditch suggest you may run into a high water table there in rainy weather - not somewhere I'd want to build close to.

FWIW

ONQ

[broken link removed]


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## raven (10 Jan 2010)

mathepac said:


> While running the risk of being accused of smart-alecism, why not just buy a site without all these complications?



Not at all, its an obvious question. Sites are far and few between in this area, - its a fairly suburban area and when they have come up over the last few years,they've been out of our budget. We've been watching for a few years now,and it might be another few before a suitable site comes up again.
We're committed to the general area due as we have some ties here.
Other than these 2 issues (the existing foundation and tree), we're happy enough with the overall aspect of the site and the estate (mature and quiet).

TBH, I think every site will have one or two issues that need thinking about anyway.


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## raven (10 Jan 2010)

onq said:


> I thought you were going to take up the foundations Raven, so you could re-design the plans to YOUR specification.


Indeed, - but in terms of locating the house within the site, - its hard to escape having it near this tree and ditch. We could perhaps narrow the width slightly of the house, to shave off a foot or two on that side.That side of the house is the far side, - and is to some extent wasted space. 



onq said:


> Regarding the removal, it used to be that once its within a certain distance of a habitable house you could cut a tree down.
> 
> Development plan standards might only be invoked if you seek permission before cutting it down, but you should get clarity on this.
> 
> ...


Useful to know, - I can discuss this with my solicitor as well. There's probably no need to take the entire tree down, - topping would probably remove the risk of it falling in a storm at least.


onq said:


> A mature tree on your site will tend to beautify the house and lend some visual amenity to the land albeit at the cost of some leaf litter every autumn.
> 
> Building that close to a boundary which is a ditch suggest you may run into a high water table there in rainy weather - not somewhere I'd want to build close to.


Useful to know about the water table, - good to have this question to put to the enginer



onq said:


> FWIW


Very worthwhile thanks!


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## sfag (13 Jan 2010)

From personal experience a tree or hedge on a boundry belongs to both. 
You can trim it but not remove it without the neighbours permisison.


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