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Boundary trees to be cut by neighbour


eanswythe
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Hi,

My neighbour's insurance company insists my trees are cut this week owing to subsidence on the other side of their garden.  All four trees on the boundary two evergreen , one japanese ornamental cherry, one pine.

The neighbours property is keeping its enormous German pine though.

 

Our property is downhill from theirs and the fencing is already damaged from run-off water. The difference in land height also means the back garden here is easily accessible from their post-drop box and  bin area (unlocked gate access).

Can I ask for consideration of the cost of replacing fencing that will protect privacy and security?

Can I ask for preservation of my plants or restoration?

I am asking for the cherry wood logs so they can be sold/used.

 

Grateful for any advice. Thanks

 

 

 

 

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2 hours ago, eanswythe said:

Can I ask for consideration of the cost of replacing fencing that will protect privacy and security?

Can I ask for preservation of my plants or restoration?

I am asking for the cherry wood logs so they can be sold/used.

 

A bit of clarification please, who are you asking these questions to? Your neighbour, or the arborist doing the job?

Who is paying for your trees to be removed, you or the neighbour? 

 

Keep the cherry, it makes great BBQ wood, ask the lads to block it up for you and they shouldn't complain. Keep it dry for 2 years, work away.

Alternatively, carvers like cherry wood green (fresh cut) for making spoons and such. You might find a group near to you on Facebook. You will not make any money off it though... but see if you can swing a free spoon or two. 

 

Edit: I agree with Mick, the neighbour's "German pine" is in the wrong place, and I say that as someone who believes in keeping trees in situ if at possible. 

 

Edited by peds
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Hi, Thanks for advice on the cherry.  Will keep as suggested.  Will also ask for pine to be logged for keeping.

 

Neighbour's insurance has outsourced to another company and then to arborists.

I can ask arborists to preserve plants but I do not believe there is much hope.

 

I would have to ask neighbours Innovation Group for consideration towards additional fencing as house will be vulnerable and not secure to the rear.

 

 

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Insurance company might pay for new fencing - might be you suddenly have a work trip that can't be avoided and will chase the arborists for trespass if they chop the trees down without you being on site to advice which plants are sentimentally important.... for an easier life they might pay out some something... wouldn't hold my breath though but if you don't ask you don't get - remembering taking away your trees is saving them thousands in property repairs.

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I'd want to see a surveyor's report before any work started confirming the tree roots are the cause - specifically that the tree roots are from your trees and not the tree your neighbours are keeping (I assume that's the one in the first photo - an Atlas Cedar).

I'd take photo's and list all the plants you're worried about that might get wrecked when the trees are taken out. Speak to your neighbours insurance about compensation before work starts. Likewise with the fence.

I think you're more likely to be heard before the work is done.

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Thank you.  Steven P and you must have sent good wishes my way. I have just been told the work is postponed as the tree surgeons have  taken on storm damage work.

 

I am certainly using this opportunity to do as suggested and take photos and ask for compensation for any plant damage and for improving security to the rear of the property. 

 

I have seen the surveyors report and there is root matter of unknown origin (as it was broken down) presumably in their drain from their outside loo as the main drain runs nearer the kitchen where the protected Atlas Cedar is. But the insurance company got a solicitor to write telling me that I would be sued for all subsidence repairs if I did not consent to removal of the trees and scared me.

 

The local estate agents surveyor saw the outside of their property and said they probably had heave as no trees remain in their rear garden and their boundary wall on the furthest side to me is constantly being repaired. The pavement was repaired this summer and the pavoir said there were multiple difficulties with that stretch on road on both corners. The land is clay and there are underground streams.  The neighbour's garden is also largely paved and has a swimming pool so there is run off water downhill to our garden. 

 

I am really grateful for the input.  Thank you.

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You have a little time them. Can you get an aerial photo - internet satellite or something - to show the rough distances involved? How far are the offending trees to their house? Might be enough to ask for an independent second opinion.

 

(looking at the top photos if it was my garden, I might not argue if they take down the evergreens, replant with something a bit smaller and - to me - nicer looking, could get a couple of smaller apple trees, nothing too large, but ask the questions and see what you get)

 

 

Edit:

You'll also want the stumps ground out won't you so you can use that flower bed? Now stump grinders, is that fence in danger if you do that? Damaged fence needs replacing..... (first part of edit was serious, second part of edit was hopeful)

Edited by Steven P
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