Henry Cort Millennium Project

Frequently Asked Questions

My neighbour/s trees are blocking my light, what can I do?
The tree owner has a duty to ensure their trees are maintained in a safe and healthy condition to minimise any risks to people and property affected by them. There is currently no restriction governing the height to which trees are allowed to grow. If you have concerns regarding a tree ask your neighbour how they intend to maintain it: you may be able to cut the overhanging branches back to the boundary. However, before either you or your neighbour undertakes works to any trees it is important to check the trees are not covered by a Tree Preservation Order, or located within a Conservation Area. For further information please contact the Environment and Conservation Section on (01329) 236100) or email conservation@fareham.gov.uk. Alternatively you can check the online Tree Preservation Orders Register and follow the link to FarehamMap to geographically see Tree Preservation Orders and Conservation Areas.



My neighbour''s trees encroach across my boundary, can I cut them back?
Your Common Law rights allow you to remove branches that cross over your boundary without the need to seek your neighbour''s permission. However, it is always advisable to notifying your neighbour of your intentions before cutting any branches. When pruning back trees from neighbouring land you must not cross the boundary or enter the land to do so. For example, leaning a ladder over the boundary to rest against the trunk of the tree could be classed as trespass. You should not dispose of the branches or any other waste material from the tree over your fence into your neighbour''s garden, but first ask your neighbour if they wish to have the material returned to them. If they don''t want it, it will be your responsibility to dispose of it. If a tree is protected by a Tree Preservation Order, or located within a Conservation Area, you will need to seek formal permission from the Council before undertaking work to living parts of the tree.



I have a big tree near my property, I am worried about the damage the roots may be doing to my house, what should I do?
Direct Damage:



Damage can be caused by tree branches moving in the wind. This type of damage is generally minor – dislodged roof tiles or possibly broken windows. The remedy is usually a straightforward matter of keeping the tree cut back from the building. Damage can also occur when a tree is in constant physical contact with a building or structure, by the gradual growth of the tree pushing against it. The most common manifestation of this type of damage is the lifting of flagstones and tarmac by tree roots. Fences and walls can also be damaged. Damage cannot be caused to substantial buildings in this way because the forces involved are not strong enough. The greatest risk of direct damage occurs close to the tree from the incremental growth of the main stem and secondary thickening of the roots, and diminishes rapidly with distance.



Indirect Damage:



The forces involved where trees cause subsidence by water abstraction are much greater, and significant damage to buildings can result. This type of damage only occurs on clay soils. When water is removed from clay the spaces between the soil particles close, and the material shrinks. This affects the support for the foundations of buildings. Whether or not a building is affected by a tree in this way is impossible to predict. It depends on the interactions between a number of factors, including the shrinkability of the soil, the construction and depth of foundations, the size, species, vigour and rooting pattern of the tree, effects of other vegetation and any surface treatment, drainage and local weather conditions. Some trees can cause subsidence damage to buildings at considerable distance, while others can grow very close without causing any damage. Current building standards require that the presence of trees be taken into consideration when specifying foundations for new buildings, and foundations can be specified that will not subside. Sometimes structural problems are caused when buildings are constructed on ground already dried by tree root action if the tree is removed and the soil consequently re-wets and swells. This is the converse of tree-related subsidence, and is known as heave. It is not a common phenomenon, and it does not occur where the building is older than the tree.





The tree roots are blocking my drains, what can I do?
It is very unusual for roots to physically break drains and associated pipe work. However, tree roots are opportunistic and if an old pipe with poor joints is leaking into the surrounding soil this will attract the roots that may then exploit the existing weakness. Then, when repairs are required, a proliferation of tree roots often leads to the blame being placed with a nearby tree. However replacement of faulty drains/pipes with modern materials will usually eliminate the leak and stop problems from reoccurring.





A tree is lifting paving slabs/affecting my drive - can I cut the roots of a protected tree?
Cutting the roots of any tree is generally ill-advised as it may affect the tree''s health and stability. If a tree is covered by a Tree Preservation Order, or if it stands in a Conservation Area an application will be required before root pruning can take place. Please view the Tree Works Application form (this is an external hyperlink). For assistance with completing the application form please refer to the accompanying Guidance Notes (this is an external hyperlink). A paper copy can also be obtained from the Department of Planning and Transportation, Environment Group, Civic Offices, Civic Way, Fareham PO16 7AZ





Are there any controls on the type of tree I can plant in my garden?
There are no controls on the type of tree that can be planted in your garden. However, there are a number of points are worth considering:

How much space is available? It is always best to ensure the space is sufficient to accommodate the tree at its mature height and spread.
Are there any overhead wires or below ground services?
In what position is the tree in relation to the property? A new tree situated to the south or west may block afternoon or evening sun, while a tree to the north will not restrict direct light from entering the building.
What is the site usage and occupancy? Leaves of some species may cause problems, particularly in the autumn, by blocking gullies and gutters. Fruit can cause slippery patches and accumulation of honeydew may be damaging to surfaces and vehicles.


How can I find out more about trees on my property?
Contact the Council''s Tree Officer



Tel. (01329) 236100



Email conservation@fareham.gov.uk





Is it necessary for somebody to enter my garden to inspect my trees?
Yes, in many cases, an arboriculturalist will need to enter your garden to carry out the tree survey. They will carry an identity card and if necessary a letter of authority issued by the Council. If you have any doubts about the identity of somebody claiming to be employed by the Council, please ask to see their identification or contact the Council''s Environment and Conservation Team (01329) 236100 before letting them enter your property.