Snow Damage ? 'S no fun ?

[DN22 Gardening]

Hi all,

 

Went to look at a job yesterday, three largish snow laden limbs fallen into a garden from a neighbours tree. no problem.

apparently when the client went round to tell the chap that some of his tree was in the wrong garden the neighbour in question shrugged his shoulders, said to my client "you're insured aren't you?", and slammed the door !!!!!

thats all being sorted by clients insurance co.

 

However..... the clients house sits about 4' from the boundary fence. 2' from the fence, in the neighbours garden there are three 30'+ Conifers, and a 40'+ spruce !!!!

During the snow, the spruce apparently dropped a big dollop which took out the guttering, and half the soffit, and the needles constantly block the guttering.

The trees were there before the house was built (its only about 3 years old)

 

SO......

 

Has my client the MORAL right to demand the trees removal ???

 

discuss.......

[Big J]

IMO, yes.

 

I don't think that there is any place in normal gardens for spruce, and conifers do need tight regulation to avoid becoming an issue.

[DN22 Gardening]

i'll try and get some pics.

[Tom D]

If limbs break then its the owner of the tree who is responsible.

 

I have little sympathy however for people who buy houses only to complain about the neighbours trees shortly after. They were there when you bought it! There's far too many people who don't want to take responsibility for anything these days, buying a house is a very big decision, taking the time to look around the place and spot potential problems like this should be something everyone should do. You only have yourself to blame if the neighbours tree comes into leaf and blocks all your light.

[Xaltu]

Simple answer... morally..... NO..... they chose to live their knowing that the trees were next door. I'm always amazed how many people buy properties next to trees and then complain about them! If you don't like trees then don't buy the property.... seems too simple though.... when instead you can buy the property and then spend the time complaining to the neighbours.

[Andy Collins]

Morally, I dont think there is reason to fell. The fact that the snow did the damage to the building is a separate issue to the trees, IMO and I would have thought the householders insurance would cover the snow damage, with no liability on the neighbour, despite the fact the snow fell from his trees. The neighbour does not own the snow, nor is responsible for the snowfall. But I am only a layman, certainly not an expert in this field, and it is purely my own interpretation from your description.

[wildwood-dwt]

The moral right? Well everybody's moral's differ, would he be willing to contribute to the cost of removal?

legally he may be able could claim the three conifers are a hedge and the neighbor would have to get them reduced. If they are trees then I don't think he can demand their removal, but he can sue the neighbor for any damages incurred from failure of the trees.

 

The neighbor sound like an awkward bugger, so I would give him one chance to come to a mutually beneficial conclusion, then go down the diplomatic route! Photos are always great btw, just in case!

[Andy Collins]

The damage to the house was caused by falling snow, not the limbs. The limbs fell into the garden.

[Treegeek]

Intresting one, but IMO there is no moral issue here

[DN22 Gardening]

got the guy to send pics of the three limbs

Edited December 4, 2010 by DN22 Gardening