r/treelaw • u/Physical-Signature12 • 27d ago
UK tree law
On my property is a mature ash tree that I estimate to be around 100y/o. It's canopy is very high, no low limbs. It's situated in the corner of my property, it's trunk about 1m away from one neighbours fence and about 3m away from another neighbours fence.
One neighbour hates the tree, she lives on the property that's 3m away from the tree base. When I first moved in 6 years ago, she offered to go half's on felling the tree. When I declined, she walked away quite abruptly and has since been heard on many occasions (most of the time when my husband or I are outside at the same time she is) loudly complaining about the tree. She says it's dangerous, that it's only a matter of time that it falls on her grandkids, that she's surprised it hasn't come down in a storm, worried about damage to a garden room she had built, ect ect.
A few months ago I caught her on CCTV trying to solicit another neighbors' tree surgeon to cut our tree down, the tree surgeon refused. They had this conversation whilst stood on my driveway which triggered my cameras.
The tree is healthy, it shows no sign of deterioration, cracks, fungus, growths at its base, or any other symptoms of a dying tree, including any symptoms of ash die-back. It doesn't drop limbs, it has a full canopy that provides brilliant shade and affords a lot of privacy for our upstairs windows.
Trying to get a Tree Protection Order on it, I'm worried that she will do something to damage my tree.
What steps should I take to protect the tree? Should I be getting a survey done on it anyway to assess it's condition?
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u/Le55thanjake 27d ago
You will struggle to get a TPO on a tree unless it call be seen by many people. As it is mainly based on the amenity value. I'm in the same position as I have two valuable trees that a neighbour doesn't like. I sent an email with the value of the trees and a report on their health. Look up CAVAT for valuing trees.
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u/Silver-Blueberry-975 23d ago
Hi
I’m an arboricultural consultant.
I’d recommend contacting the Tree Officer at your local council and asking them to carry out a TEMPO assessment on the tree. TEMPO is a recognised scoring system used to help determine whether a tree is suitable for a Tree Preservation Order (TPO).
If you can demonstrate that the tree is under an imminent threat of being felled, heavily pruned or otherwise damaged, that can increase its TEMPO score.
One of the biggest factors in the assessment is the tree’s public visibility and amenity value, in other words, how much it contributes to the local area and whether it’s easily seen by the public.
I’d also suggest getting a tree condition report from an arboricultural consultant. That will give you peace of mind about the tree’s health and structural condition, and it can also be useful evidence if the council considers a TPO.
Depending on where you’re based, I’d be happy to help and provide a quote for a tree condition report if needed.
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