Worried about an Oak Tree
By Daisydog
Nottinghamshire,
United Kingdom 
My neighbour's house was built in the garden of our house, before we moved here. Consequently the drains from both our houses share the same access to the main sewer. The inspection chamber for both is on his land. He has planted an oak tree about three feet away from the inspection chamber. The tree has been in a number of years and is already taller than the roofs of our houses. In addition, it cuts straight across where the telephone lines come into our property. I think it is totally inappropriate for a garden and have asked him either to prune it severely or remove it. He won't do either, but says if he ever has any evidence that it will do damage, he will remove it immediately. My question is...will this tree eventually damage our drains. I would be so grateful either to have my mind put at rest that it won't, or have the evidence to prove to him that he has planted it too close to the drain. It also drops all it's leaves into our front garden, which is irritating and I have to keep removing little Oak seedlings from all over my garden! Many thanks.
1 Sep, 2008
Answers
How far away from either of your houses is it? The roots could easily damage the foundations, if it's too close, as well as the drains! You'll definitely have to get advice, as Sid says.
1 Sep, 2008
Firstly, make sure you've got your facts right about how close the inspection chamber is to the tree trunk. If you're right and it's 3 feet away - I'd say that was too close and you're right to be worried. In your deeds is there a covenant saying you BOTH have to maintain these drains? IF so, then I'd take action if I were you. IF not, and the chamber is maintained at your neighbours expense only, I'd be tempted just to wait till things go wrong and then enjoy seeing the egg on his face! Some legal firms will offer a free half hour consultation in which they will tell you whether you've got a case - might be worth investigating - but as I say, make sure you've got your facts right first. Re the leaves and shade etc, I'm afriad you have no actual 'right' to 'light and air' in the eyes of the law.
1 Sep, 2008