Tree Removal - Owner is unwilling to pay anything towards the cost.

[Smith126]

Hello all,

 

I have priced for the removal of Holm Oak, by my client, which has been accepted and Tree Officer has approved the work. However, the tree isn't owned by the client, it is behind the rear fence, and althought they have permission from the owner to remove the tree. The tree owner has refused to share any of the cost. A tree report was carried out on the tree, and due to various structural defects, and fungal infection (Ganoderma) in the tree, the tree has been labelled as unsafe.

 

I have been advised that under the 'Occupier Liability Act 1984', the owner of the tree has full responisibility to cover all the costs, however, for my client to go down this road it would involve solicitors and end up prolonging the time taken to have the tree removed. They have said that they will foot the bill, simply because their scared the tree will hit house and they want to remain amicapable but in my opinion its seems unjust for them to foot the entire bill for a dangerous a tree which doesn't belong to them.

 

I'm interested to know if anyone has had experience of these situations in the past, and whether you have any advice.

 

Thanks

[Treeation]

I dont think the Occupiers Liability Act would be applicable until actual harm to property/visitors or tresspassers actually occurred, i.e the tree failed with the tree owner being fully aware of the fact the tree was deemed unsafe by a competent inspector. Then, the tree owner would be seen as being negligent and could be in trouble if the matter went to court.

 

I feel for your client, what an arsehole the tree owner must be to let someone else pay for  the work.

[Mick Dempsey]

Don’t worry about it, you’ll get paid, that’s all that matters.

 

Your client wants the tree out, the owners not fussed, your client pays.

[Wonky]

I bet the tree owner is the last person to put his hand in his pocket to buy around.

 

cut the tree down, and leave the brash and all. In his garden, and tell him your very nice neighbours have paid only for the tree to be cut down. And smile

[Stubby]

1 hour ago, Treeation said:

I dont think the Occupiers Liability Act would be applicable until actual harm to property/visitors or tresspassers actually occurred, i.e the tree failed with the tree owner being fully aware of the fact the tree was deemed unsafe by a competent inspector. Then, the tree owner would be seen as being negligent and could be in trouble if the matter went to court.

 

 

Make the owner aware of this potential ?

[Treeation]

33 minutes ago, Wonky said:

I bet the tree owner is the last person to put his hand in his pocket to buy around.

 

cut the tree down, and leave the brash and all. In his garden, and tell him your very nice neighbours have paid only for the tree to be cut down. And smile

I like!

 

[Squaredy]

I wonder if the owner might be more interested if he thought the tree were worth lots of money and that he might make a profit on the job....!

 

Actually thinking about it maybe the financial blow could be softened by getting a good price for the stem....or does it not have a good stem?  Holm Oak is very beautiful timber and doesn't come up that often.  I would love to buy it if it is near me.

[Mick Dempsey]

In answer to the OP I have had many instances where the owner won’t cough up and  

the neighbour has had to pay for the work. 

 

It’s rarely a huge amount, a couple of grand at most.

 

The owner regards his permission as his contribution, he probably has little faith in a tree report paid for by your client (rightly or wrongly) 

 

Many years of this job have shown me not to take sides in any neighborly dispute, do what you are paid to do, do it well.

 

No silly revenge leaving of brash.

[Vespasian]

I'd be happy the owner isn't insisting it stays put and just glad to have permission to remove the damn thing..

 

Like Mick says, get it done get paid and get gone..

 

 

[Mark Bolam]

Like Mick and Vesp, not your battle.

 

Just check access issues etc. with the owner and juice up the big saw.