Tree ..neighbouring property

creditworthy

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Good evening,
I wonder if I can ask preliminary advice on an issue with a tree , sycamore I think , whose seeds are now sprouting up in a neighbouring garden. The neighbour has expressed concern about this and I can understand what they mean as im plagued in my own garden with sprouty bits appearing all over the place.. The query is in relation to a family members garden .
Is there any legal obligation to do something about this .... I know you cant stop the seeds from travelling and the owner does not want to cut down the tree. Would we be mad to offer to do something ....aassuming a horticulturalist etc could advise if there are any measures we could take .

Dont want to cause or have any far reaching bad feelings about this issue.... its not an actual issue yet but want to address it without appearing to admit responsibility ,
Thank you.
 
Generally, there should not be any responsibility for naturally occurring events like to the shedding and spreading of leaves in autumn.
I seem to be sweeping up several neighbours' leaves from our garden every November - and yesterday too !

Where there might be a problem is if this became a legal "nuisance".
The raw essence of nuisance is that an occupier's basic use and enjoyment of their property is being interfered with unreasonably by the actions of another party.
Nuisance is usually - but not exclusively - a continuing state of affairs.
The concept is a bit more sophisticated in practice.

If the tree in question is starting to create a scenario whereby the neighbouring property is being damaged by sprouting seeds incurring trouble and expense for the neighbour and effectively impairing the use and enjoyment of that property there may be a cause of action. That said the nuisance would need to be reasonably troublesome and not just trifling.

I would ask if the tree in question is actually suitable for the location. Generally, you can plant what you like but if the characteristics of the tree are such that regular impairments of neighbouring property are likely you cannot just ignore that issue. I can think of many who would ignore it and who are just bolshie neighbours.

What about the owner's property ? Are they not also having similar problems ?

I doubt that anything can be done to abate the problem other than removal of the tree. I would agree with your idea of consulting an expert on trees but I would think more specifically of an arborist/tree surgeon. Beware that there are "tree surgeons" and then there are real tree surgeons :rolleyes:

Until you get advice from a tree surgeon and are able to make an informed decision before your next move I would not offer to do anything just yet.
 
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Thank you very much for your reply . Will look into contacting arborist and put their suggestion ...apart from cutting it down ! to the neighbouring property owner. Appreciate your help.
 
In my view, if you have any sort of smallish town garden a sycamore is an ongoing pain in the behind. You and your neighbours will be forever pulling out new sprouts (the seeds spread and take so easily), it grows quickly and will need regular and vigorous cutting (or you will have a very large and not very decorous tree) and the roots spread (potentially causing trouble). It is a fine tree in the right setting - in the countryside. I would get rid of it - and get something more suitable .
 
Having a hard time understanding the opening post - Who owns the tree, how many people are affected and what's the nub of the issue?

You seem to have phrased this in a particular way as if it was originating initially from a neighbours concerns - but is it really yourself that has the issue?

We've a mature and very handsome sycamore growing along the border between ourselves and a neighbour and have never given this a thought.

Aren't these little "mini-sycamores" inoffensive little plants that can be casually plucked from all existence in half a second with a thumb and forefinger?

I find them charming & sometimes the kids plant them in little pots and gift them randomly to people just for something to do....

May your life always remain this benign and uncomplicated that these are the most pressing worries which trouble you.
 
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