It pays to keep your Trees under Control

Trees are a much-loved and vital part of our landscape. They not only provide us with a pleasing vista that draws the eye, but they offer a functional value too - in their various guises trees absorb road noise, encourage wildlife into our towns and cities, and help to protect our planet by reducing the level of atmospheric carbon dioxide. You could almost say that these leafy towers are the ultimate multitaskers – keeping our lives and the planet in check while looking serene and calm in the process!

 

But for all the good that trees bring into our lives, for some property owners they can be their worst nightmare. All it takes is for one tree to be planted too close to a building, or to be allowed to grow unchecked and – BHAM…an instant problem is yours as roots tangle with your property’s foundations or cause the ground around the building to subside. It is stressful and costly to correct – and what’s worse, the damage could be caused by a tree that you don't even own!

Trees and the law

The courts are littered with cases involving disputes over neighbouring trees. Property owners have taken each other to court, and have even taken their local councils to court - all because the owner of the tree failed to keep it under control.

 

In the eyes of the law tree problems either amount to trespass or nuisance.

 

Trespass tends to apply to any direct action that impedes upon a neighbour's land or property - overhanging branches and tree roots being prime examples. If the owner of a tree allows a tree's branches to hang over their property boundary then, by law, those branches are trespassing on the neighbouring property's airspace. The property owner who is suffering the trespass can cut back the tree to the boundary without seeking the permission of the tree's owner, so long as the lopped branches (and any fruit) are returned. However, it is strongly advisable to first communicate your intent to your neighbour to avoid any bad feelings!

 

Nuisance is defined as an indirect effect - a consequence that, in this instance, can be traced back to an offending tree. For properties in clay soil areas it is quite common for nearby trees to soak up ground moisture in the summer months to the extent that the soil shrinks in volume. This can cause subsidence and can weaken a building's foundations.

 

Sometimes, the situation can become so severe that the property's owner will need to have the foundations underpinned. If the tree is on a neighbour's property and no compromise agreement is reached, the complainant is perfectly within their rights to sue the tree's owner and claim for the cost of underpinning the foundations. If taken to court, the law will most likely interpret the charge as 'nuisance', even if the roots physically trespass under the complainant's land.

 

Trespassing tree roots

 

Trespassing tree roots that cause direct damage by way of blocking drains, rupturing paving slabs and interfering with a property's foundations are a serious problem for both tree owners and neighbours alike. The main issue is that, for property owners, the extent of a tree's roots underground cannot normally be seen. This makes it difficult to monitor their growth and reach. In some cases it might only be when actual damage is caused to the property that the size of the root system becomes apparent.

 

For neighbours who are worried about tree roots trespassing onto their land and under their properties they have the right to chop the roots along their boundary - even if the tree dies as a result. However, great care should be taken to ensure that the tree does not become dangerous or unstable in the process - and the local council may need to be consulted if the tree is in a conservation area, or if it is protected by a tree preservation order (TPO).

 

Before taking action it is therefore best to talk to your neighbour and, if possible, come to a friendly agreement on what should be done to head off the problem. To help you assess the impact of cutting through the tree's roots you should also consider enlisting the help of a professional tree surgeon,also known as an Arboricultural Consultant. If your neighbour is uncooperative, or if damage has already been caused by trespassing tree roots, you might want to get your solicitor involved.

 

 

 

 

 

Safe compliance with HIPS: Advice for Vendors

Home Information Packs (HIPs) became mandatory on August 1, 2007. Vendors advertising properties for sale with four or more bedrooms must now commission a HIP to accompany their property to the market. Come September 10, 2007 the same regulations will apply to three bedroom homes in England and Wales.

 

If you are planning on selling your property soon you'll need to get familiar with HIPs - and importantly, how improving the safety of your property for a visit by the Home Inspector can help you make it more attractive to buyers.

 

HIPs - The Facts

 

It is the seller's responsibility to arrange a HIP for their property when they advertise it for sale. In practice, vendors can enlist the services of their estate agent to make the arrangements on their behalf. Alternatively, the property vendor can order their HIP through a specialist HIP provider, or through their solicitor.

 

The idea behind HIPs is to make the process of buying and selling property easier and more transparent. With this in mind the government has outlined a number of compulsory and optional documents that are to be contained in the Home Information Pack.

 

Briefly these are…

 

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  Statement of Sale

  
  


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  Evidence of Title including Title Plan

  
  


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  Property and Land Searches

  
  


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  Lease Documentation (if leasehold)

  
  


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  Energy Performance Certificate (EPC)

  
  

 

Optional documents are…

 

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  Home Condition Report

  
  


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  Guarantees and Warranties

  
  


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  Fixtures and Fittings List

  
  

 

The HIP provider will compile all relevant information as required and requested into the Home Information Pack. It is they who will liase with the solicitor or conveyancer for search information, and it is they who will organise a qualified Home Inspector to visit your property to perform an Energy Assessment and to produce the Home Condition Report if needed.

 

Energy Performance Certificates and Home Condition Report

 

The Energy Performance Certificate is a central document in the HIP. It is an energy audit of your property to assess its energy efficiency, and to determine how cost effective the property is to run. The EPC will grade your property on a sliding scale between band 'A' and band 'G'. Band 'A' ratings denote high-energy efficiency and low running costs. Band 'G' ratings show the property to be poor on energy efficiency and costly to run.

EPCs have been a long time in their arrival. Back in 1997, at the tabling of the Kyoto Protocol in Japan, a framework agreement was put in place to reduce greenhouse gas emissions, including Co2 - these are seen as the main contributing factors to climate change. Member states of the European Union signed up to the agreement, and, in an effort to meet reduction targets, have focused EU directives at lowering energy consumption in buildings. In the UK it is estimated that around 50% of all the country's energy is consumed by lighting, heating and electrical appliances used in our homes and at work. The government and its advisors believe that the introduction of more energy-efficient products into the home and workplace, and improvements in regulating ambient temperature in living spaces so less energy is used, will help the UK meet its carbon emission targets.

Enter then the EPC. It is hoped that by making an EPC a mandatory part of the Home Information Pack that home buyers and sellers will have a greater awareness of their energy consumption, and thus their personal contribution to climate change. On the certificate is an energy efficiency rating and a environmental impact rating. Both will have the current rating of the property and a 'potential' rating. The 'potential' is what could be achieved at the property should the recommendations noted on the EPC be implemented.

 

The Home Condition Report is much more familiar. It is a physical inspection of the property - a form of basic survey if you will. This report is included in the HIP on a voluntary basis by the seller and will highlight any health and safety concerns at the property.

 

Improving Safety for a more attractive HIP

 

As the EPC and Home Condition Report rely on the visit of a Home Inspector to the property, vendors have an opportunity to make some improvements to the property ahead the visit - improvements that could make the property safer, more energy efficient and thus more attractive to potential buyers from the start.

 

On the energy front for example, you could look at the safety aspects of your boiler. An old boiler, especially if not regularly serviced, could be a threat to your health. Parts might have corroded leaving the boiler dangerous and certainly inefficient to run. By replacing the boiler with a new high-efficiency condensing boiler, you'll not only make your property safer but you'll get full marks from the Home Inspector too.

 

If you've opte
d for the Home Condition Report have a think about health and safety issues at your property. Are slates and tiles loose on your roof? Is the chimney stack in need of some attention? Is your guttering secure, or do you have damp areas on internal walls and ceilings? If you can identify these potential safety hazards and take action to correct them, that Home Condition Report in your HIP will have buyers falling over themselves to buy your property!