Fragile Tree on Border with neighbour

[parkgate]

Good Evening,

 

We have an old Portuguese Laurel Tree in our garden ,owned by us ,next to the border with our neighbour.

 

The tree is diseased and very rotten at the base.The tree surgeon has said it is unsafe.

 

It is situated on a steep sloping bank on our side ,but the neighbours side is flat and the tree surgeon is if the opinion that it makes far more sense to remove it from their land at least the overhanging branches. However they will not give us permission to enter their property so the job will have to be done from our side - where there is more risk to the tree surgeon ,our house and our neighbours house.

 

In the case of an accident ,for example ,a tree limb falls and damages our neighbours property because of the precarious position of the tree - who is liable for this? Can we compel our neighbour to allow access for safety reasons?

 

Kind Regards,

 

 

 

 

Comments appreciated.

 

 

 

[richyrich]

I think there is some law whereby given 28 days notice they have to allow access. I may be wrong...

[GarethM]

Your liable as it's your tree.

And no, you can't force access without some form of court order.

 

If they won't listen to reason, or a little greasing of the wheels there isn't much else you can do.

 

Bar, rubbing their noses in it by using a massive crane over the house.

[Excels1or]

Can it be done with a MEWP?

[openspaceman]

9 hours ago, richyrich said:

I think there is some law whereby given 28 days notice they have to allow access. I may be wrong...

Access to Neighbouring Land Act 1992

WWW.LEGISLATION.GOV.UK

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An Act to enable persons who desire to carry out works to any land which are reasonably necessary for the preservation of...

 

[waterbuoy]

Very useful link

 

Relevant section might be:

 

(4)Where the court is satisfied on an application under this section that it is reasonably necessary to carry out any basic preservation works to the dominant land, those works shall be taken for the purposes of this Act to be reasonably necessary for the preservation of the land; and in this subsection “basic preservation works” means any of the following, that is to say—

(a)the maintenance, repair or renewal of any part of a building or other structure comprised in, or situate on, the dominant land;

(b)the clearance, repair or renewal of any drain, sewer, pipe or cable so comprised or situate;

Quote

(c)the treatment, cutting back, felling, removal or replacement of any hedge, tree, shrub or other growing thing which is so comprised and which is, or is in danger of becoming, damaged, diseased, dangerous, insecurely rooted or dead;

(d)the filling in, or clearance, of any ditch so comprised;

but this subsection is without prejudice to the generality of the works which may, apart from it, be regarded by the court as reasonably necessary for the preservation of any land.

[parkgate]

Thank You.

The Tree is in our back garden the entrance to which is about 4ft wide, the MEWP would have to stretch about 50m from the drive through the 4 ft gap to the tree.

I will ask the tree surgeon – I have no idea how much it costs to hire a MEWP!

[waterbuoy]

We have hired in 17m Hinowa tracked MEWPs for around £500 a week 

 

Their track width is usually around 1000-1100 mm, it is the (removeable) basket which can often be the widest part - so no need to 'stretch' 50m!

[dangb93]

14 hours ago, parkgate said:

Good Evening,

 

We have an old Portuguese Laurel Tree in our garden ,owned by us ,next to the border with our neighbour.

 

The tree is diseased and very rotten at the base.The tree surgeon has said it is unsafe.

You mention further down about a MEWP. Where abouts are you based? We have a 17m Hinowa spider lift for hire. Should get through a 4ft gap. 

[Mark Bolam]

Pictures would help enormously, especially side on up the boundary line.