Ash tree with dieback - whose responsibility?

[Pidgeonpost]

Morning all. Our garden has a big drainage ditch as its boundary. It's about 4'-5' deep at least and must be 15'-16' wide at the top.The ditch is fenced at the top of the bank on both sides. 

This ditch is dry at present due to the very dry spell but usually has a trickle all year and can be full to the top in Winter. 

On my neighbour's side of the centre-line of the ditch is a big Ash tree - more accurately it's several big stems maybe 18" or more in diameter and 40'+ tall. There are clear signs that the tree is suffering from dieback and it's already dropped a few small branches maybe 3"-4" in diameter. The tree overhangs our double garage by quite a bit, and we're on the windward side unfortunately. I feel there's a real risk of damage as this tree dies, but whose responsibility is it to deal with? My neighbour won't be worried as it's a paddock on his side. Any thoughts please? 

 

 

[daltontrees]

Neighbour's responsibility. Let him know your concerns and keep a record of the communication.

[AHPP]

It's his responsibility if it's his tree. The boundary could be along the middle of the ditch or it could be somewhere else. It could be defined in deeds/land registry entries. It could be vague. It could be that you have to work it out with reference to things like the hedge and ditch rule. Is the tree part of more vegetation there, now or previously? It's a big ditch. I assume machine dug, relatively recently, or at least enlarged recently? What country are you in? 

[daltontrees]

43 minutes ago, AHPP said:

It's his responsibility if it's his tree. The boundary could be along the middle of the ditch or it could be somewhere else. It could be defined in deeds/land registry entries. It could be vague. It could be that you have to work it out with reference to things like the hedge and ditch rule. Is the tree part of more vegetation there, now or previously? It's a big ditch. I assume machine dug, relatively recently, or at least enlarged recently? What country are you in? 

He said 'on my neighbour's side'. Responsibility goes with ownership. Yes the ownership situation should be clarified.

[AHPP]

He actually said 'On my neighbour's side of the centre-line of the ditch.'

The boundary could be his top edge, the centre-line, the neighbour's top edge or somewhere else. But yeah. He's got what he needs to work it out probably.

 

But yes, our message aligns, @daltontrees. Responsibility generally goes with ownership.

 

If the boundary isn't straightforward, your next port of call, @Pidgeonpost might be some kind of property/surveying forum. Hope this all answers your question?

[GarethM]

Whilst yes it is the neighbours tree, why not have a conversation and reach a compromise with them.

 

Along the lines of I'm worried about this tree that could fall on my garage and might be a big insurance claim on your policy etc.

 

Are you happy for me to pay to have it removed and keep all the timber ?.

[Pidgeonpost]

Thanks for all your replies folks. As I suspected, clarification of the boundary line could be a big help. I spoke to Land Registry about the boundary when we moved here nearly 15 years ago. Their advice, if there's no dispute, was 'don't go there unless you want to spend lots of money to getting it defined in law'. Nevertheless I'll give them a call 'just in case'.

I'll also be having a chat to the neighbour about this anyway. He seems a reasonable bloke and I'm hoping we can come to an amicable compromise. It would be easiest to drop the trees in his direction than mine. 

I'll update the thread later. Thanks again. 

Edited Wednesday at 12:49 by Pidgeonpost

[AHPP]

Please do. There's nothing more annoying than people asking a question then disappearing with no thanks or conclusion.

[monkeybusiness]

7 hours ago, GarethM said:

Whilst yes it is the neighbours tree, why not have a conversation and reach a compromise with them.

 

Along the lines of I'm worried about this tree that could fall on my garage and might be a big insurance claim on your policy etc.

 

Are you happy for me to pay to have it removed and keep all the timber ?.

If the tree falls on the op’s garage the claim will be on the op’s insurance. 

[GarethM]

14 minutes ago, monkeybusiness said:

If the tree falls on the op’s garage the claim will be on the op’s insurance. 

Yeah that maybe, but the insurance company will no doubt try to reclaim that off the landowner in some length/expensive and convoluted legal wranglings which puts up everyone else's policies.

 

So cut out the middleman and amicably sort things beforehand and save everyone agro, increased premiums and have a reasonable relationship with a neighbouring landowner = win win for everyone.