In progress
28 Moat Farm Close, Marston Moretaine, MK43 0AE - Woodland area to the left of the property.
Sent to Central Bedfordshire Council less than a minute later. Council ref: 423524.
My partner and I are currently in the final stages of purchasing the property at 28 Moat Farm Close, Marston Moretaine, MK43 0AE. Adjacent to the left side of the property is a small wooded area comprising a variety of tree species.
We recently commissioned a HomeBuyer Report, which identified several issues related to the nearby trees. Notably, there is already visible evidence of root activity affecting the patio and footpath within the property boundary. The roots appear to be lifting hard surfaces, creating an uneven and potentially hazardous environment that may lead to trips or falls.
In addition, photographs clearly show several trees overhanging our boundary and reaching considerable heights. There is also a notable accumulation of vegetation within the property's guttering and on the roof, likely as a result of proximity to the trees.
We understand that we have the right to prune branches that overhang our boundary. However, we are seeking guidance on the process for pursuing the removal of certain trees located just beyond our boundary, particularly those we believe may pose a risk to the structural integrity of the property due to root encroachment.
To better understand the potential risks, we commissioned a pre-purchase arboricultural survey. The resulting report, which we are happy to share with the council, provides a detailed assessment of the trees surrounding the property and includes specific conclusions and recommendations. Notably, the report recommends the felling of three trees to prevent future subsidence-related damage.
We are increasingly concerned about our lack of control over the management of these trees and the potential implications for the property. This concern is serious enough that we are considering withdrawing from the purchase despite being close to completion and having already incurred significant costs.
From our preliminary enquiries, it appears that no Tree Preservation Orders (TPOs) apply to the woodland in question. We would be grateful if you could confirm whether this is correct.
We are keen to address any potential issues proactively in order to prevent long-term damage and would appreciate any guidance the council can provide regarding appropriate next steps.
Thank you for your time and assistance.
Updates
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Hello - thanks for contacting. You are correct in that under common law, residents are entitled to prune any encroaching vegetation/overhang back to their boundary if they wish. We understand that this can occasionally be an optimistic expectation when trees are larger. CBC don't have an obligation to prune back trees that overhang property (even if issues are caused by sap drop, leaf drop, bird mess, blocked gutters etc).
We would be keen to see the findings of the Arboricultural report as we cannot act on any cases of root damage/subsidence without recommendations from structural engineers & proof that is it is a CBC owned tree causing damage. The below extract is taken from our Tree Policy and outlines everything we need in order to act on cases of subsidence."Tree related subsidence occurs when a tree or trees removes water from a shrinkable clay soil; causing the soil to contract and can result in structural damage to properties. The Highways Department does not accept, as a matter of course, that tree related subsidence is the cause of structural damage to property. Evidence is required to support any claim.
All claims of subsidence relating to highway-maintained trees are administered by the Councils Insurance Team. Cases of subsidence are often complex and require a broad range of information to be considered adequately as such. The Council requires the following information to investigate a claim of subsidence * :
? Description of type of damage
? Indication of seasonal movement
? Levels and distortion survey
? Visual evidence of damage
? Depth of foundations demonstrated from excavated trial holes
? Analysis of soil type under foundation
? Presence and identification of tree roots"We'd ask that all the information you have is sent over to our Insurance team: Insurance@centralbedfordshire.gov.uk
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