Fallen oak advice please

[Basia1979]

Hi, I joined this forum to get an advice on the issue.

After Ciara one of my oaks in the garden fell, roots did not hold the tree and it went to the ground and blocked the farm track as per photo. I was on holiday then, I came back to no oak, no wood, no invoice for a job, no phonecall. From my investigation I found out that the farmer 'assuming' he owes the oak (it's obviously not his and it's clearly growing within my hedgerow and I struggle to understand why he could think it's his) called his friend tree surgeon and they both cleared the site.

Now as I contacted the tree surgeon he gives me options:
1. I bill you for a job 850£ 
2. or I keep the wood.

 

This is his invoice and estimated value of the wood.
' I don't sell logs. We would only use them at home for burning when its dried out so it doesn't have much of a monetary value to me. For arguments sake you could say once it has been cut up split & dried it could be worth £150 +VAT as fire wood. 

Realisticly the cost of the emergency call out and further work should  be at least

£150+VAT Call out Fee. 

£200+VAT for the 2.5 hrs (on overtime for very unsociable hours)  for me and my grounds man to cut the tree clear on the 14th.

£150+ VAT For X.Y'.s time and fuel etc with his loader on the 14th and also all the time buring the branches and rotten wood etc later on.

£200+VAT for the 5 hrs it took me and my team of 3 to cut up & clear the waste from the site on the 20th.

£700+VAT £840IncVAT should be the total cost of this work. However, many other larger companies would charge considerably more!

I think we are being extremely fair by not asking for any payment.'

 

My question is it fair deal just to let him have the wood for a job he did? I would not know that. I never had anything to do with similar issue. Nor I know the value of the timber/wood.
I mean he said this wood is suitable for logs for him (?!) It was perfectly healthy oak, no rottening in the core, 95 cm diameter on the level of the cut he did, the timber is stored now somewhere at his farm so I don't know if he cut it into pieces or not.

The biggest issue I see is that when I was away, they both farmer and tree surgeon sorted out the issue and taken wood without my permission. When questioned about it both say we didn't know it's yours oak, then the tree surgeon (retrospectively) puts the value to his work which is obviously equal or better than value of the wood itself.

 

Shall I let him have the wood? other options - should I think about more serious legal action?

I'm not sure if area matters but all of that happens in East Sussex.

 

Any advice would be much appreciated. Thank you.

 

[Khriss]

Hmmm, awkward. He could claim it was blocking his access, it IS a hazard from that pic and possibly yr duty to maintain or monitor yr safety of yr trees is in question. Tree looks like it could have value, but then you wouldn't know now ! It's gone ! Dunno,   could be more bother persuing it  ?  K

[topchippyles]

Tree is clearly a hazzard and needs sorting asap.Your away so not aware that its fallen and it needs clearing so the farmer gets it done at no cost to you which some would be more than happy with.These things happen in life and you now have the choice to pay the invoice for the job or leave the guy keep the wood which sounds reasonable to me.The tree guy was contacted and needs paying in some form.You could always contact your insurance company and explain the situation.

[Dan Maynard]

I don't agree with his maths, I would have guessed somewhere between 5 and 10 cube of firewood so at least £500 BUT that's cut, split and dried which is a lot of work he will put into it.

As green oak I'd have thought you would struggle to get £500 even if the sawlog turns out to be good for milling. You could argue about the £850 bill too, but it's not totally unreasonable for moving that amount of wood.

I think any gain you could make by arguing will be marginal, and will ruin the relationship with your neighbour going forward. Personally I would thank them for their work and let him keep the wood, make sure they know which hedges are yours going forward, and that you have swapped numbers in case another one comes down. Having the farm machinery to help could save you a lot of money next time.

[gobbypunk]

I would just let him keep the wood as most tree surgeons have an unspoken rule we dont work just for the wood ,as training ,equipment,insurance,ppe all cost rather a lot of money ,thats my take on it I was actually rang up early one morning by a bloke saying can you come now and clear this tree its blocking the road and next door needs to go to work so I start to ask questions and mention cost and he says well you can keep the wood so I politely inform him of my costs so I didnt rush out of the house saw in hand ,life is too short to go making stress you didnt have to do anything to deal with the tree and yes its a total shame it came down ,maybe get the farmer to plant another one near by 

 

[Stubby]

The cynic in me thinks he might have been paid already by the farmer ? ......

[trigger_andy]

33 minutes ago, Stubby said:

The cynic in me thinks he might have been paid already by the farmer ? ......

You'd think the Farmer would have mentioned that when the Op called him about the Oak removal? 

[benedmonds]

4 hours ago, Dan Maynard said:

Personally I would thank them for their work.

And perhaps give him a bottle of something for sorting it out..

[Marc Lewis]

Agree with most of the above. you had no knowledge of the works that went on and therefore no contract with anyone and i suppose not abliged to pay any invoice (not sure).
Anyhow, i would be happy to let things go, that is a very reasonable deal that you have been offered and you will not upset relations with your neighbours.

[Mark Bolam]

As the other guys have said, I think you have had a bit of result and would be happy to leave it.

Bens idea of a bottle isn’t a bad one either.

 

There will always be some idiot down the pub telling you an oak butt is worth £5k though.