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

[Smith126]

Thanks guys, I appreciate the advice. At the end of the day they want to keep their neighboroughly relationship amicable, and don’t want to upset things by chasing payment. So we will do what we are paid to do...

 

As you have all said it’s simpy, a job, I just finding it interesting that in the event fails and falls through their roof and the other neighbour, the owner is liable to cover all the costs for repairs and tree clean up, and yet they can get away with no contribution to remove the risk and save tens of thousands, if not hundreds. 

 

Treeation...thanks for the advice matey, I had a brief look through the OLA, but couldn’t find any reference for this situation in the legal mumbo jumbo. 

 

Stubby...the owner is aware but simply doesn’t seem to care. 

 

Squaredy....it’s actually not far from you in the grand scheme of things...just off jct 48 on M4.

 

Mick ... Thanks mate, it’s good to hear it from experience. 

 

Its a first for me...cheers. 

[Squaredy]

2 minutes ago, Smith126 said:

Thanks guys, I appreciate the advice. At the end of the day they want to keep their neighboroughly relationship amicable, and don’t want to upset things by chasing payment. So we will do what we are paid to do...

 

As you have all said it’s simpy, a job, I just finding it interesting that in the event fails and falls through their roof and the other neighbour, the owner is liable to cover all the costs for repairs and tree clean up, and yet they can get away with no contribution to remove the risk and save tens of thousands, if not hundreds. 

 

Treeation...thanks for the advice matey, I had a brief look through the OLA, but couldn’t find any reference for this situation in the legal mumbo jumbo. 

 

Stubby...the owner is aware but simply doesn’t seem to care. 

 

Squaredy....it’s actually not far from you in the grand scheme of things...just off jct 48 on M4.

 

Mick ... Thanks mate, it’s good to hear it from experience. 

 

Its a first for me...cheers. 

Ah well if it is for sale let me know - if it is a milling sort of trunk that is.  It might be a bit far for a single stem, but you never know.  Or maybe you wanted to mill it for the customer?

[Steven P]

Look at it from the neighbour / tree owner - and I don't know the previous conversations regarding the tree of whether the neighbours are friends.

 

So he is sitting watching east enders one night  and the neighbour pops over saying

"I reckon your tree is dangerous"

"and?"

"would you be able to fix it or take it down or something"

"it looks OK to me though"

"tell you what how about we get expert advice and see\"

(conversation could be as blunt as that or it could be over several beers in the garden shed or whatever)

 

A week later

"'evening neighbour, I got the experts report about the tree, it is dangerous and will cost you about a grand to remove it (or whatever it costs)"

"?"

"it will cost you about a grand to remove"

"errrr, but it's you that wants the tree removed, I am happy if you want to do that but you'll have to pay"

 

Just wondering if your views would be different if your neighbour pushed for some work to do that will land you with a big bill - it is possible the neighbour would pay for it of course... but they might have to save up the cash, I know I don't have loads spare today - but could save up for it to be done in 6 months.

[Steve Bullman]

Perhaps the owner simply can't afford it, was that a consideration?

 

I know if someone came to be and asked me to pay £1000 for a tree THEY wanted to remove, well depending on the timing chances are theres other priorities for my money

[Wonky]

Keep us posted on the eventualities, May be even pics of standing tree and any other stuffs like rottin bits

 

i do agree it could be just the owner can’t afford the bill, and the other party wants more light to there garden. 

Someone said to me once...

Theres always 2 sides to a story, and sometimes there are 3 sides

 

cheers

Edited April 26, 2018 by Wonky
Me

[Anno]

Leaving the arising is not ‘silly revenge’ it’s the correct way to do things legally, just like your Common Law Right to abate nuisance, the brash always stays with the owner, it’s his property wether he likes it or not.

[openspaceman]

1 hour ago, Anno said:

Leaving the arising is not ‘silly revenge’ it’s the correct way to do things legally, just like your Common Law Right to abate nuisance, the brash always stays with the owner, it’s his property wether he likes it or not.

It's not fruit so unless it has some other value it's just like any other waste and the responsibility of the person who discards it

[Steve Bullman]

1 hour ago, Anno said:

Leaving the arising is not ‘silly revenge’ it’s the correct way to do things legally, just like your Common Law Right to abate nuisance, the brash always stays with the owner, it’s his property wether he likes it or not.

Not sure thats correct.  I think you are legally obliged to 'offer' them the arising, not legally entitled to just dump it there.

[skyhuck]

16 minutes ago, Steve Bullman said:

Not sure thats correct.  I think you are legally obliged to 'offer' them the arising, not legally entitled to just dump it there.

100% correct, even raking up leaves than have fallen on your land from a neighbours tree and throwing them onto their land could lead to you being done for ‘fly tipping’

[Anno]

Any removal of the arisings without the owners consent could constitute an obscure form of theft known as 'conversion', unless the tree owner has a particular need for that material, it is unlikely they would make a complaint.

 

It is, therefore, perfectly legitimate to return the arisings to the neighbour. The material must be returned in such a way as not to cause damage or injury to avoid being sued. In practical terms, it must be advised that dumping the arisings back with the tree owner, although perfectly legal, may not be regarded as a neighbourly act and could lead to disputes.

 

In this situation I know what I would do...