Legally enforce inspection?

[tuttle]

Hope you have taken all the photo's - make sure from every angle, and position - including damage.

 

Write down everything, dates, times. etc. any communications with the owner.

[bob]

These are the current guidelines that is generally referred to.

http://www.forestry.gov.uk/website/publications.nsf/searchpub/?SearchView&Query=(FCMS024)&SearchOrder=4&SearchMax=0&SearchWV=TRUE&SearchThesaurus=TRUE

[Kev Stephenson]

You will quite often find you have legal cover included on your home insurance. You pay for it therefore use it. You have tried your best being civil and neighbourly so it's time for the big guns in the form of the insurance company.

[felixthelogchopper]

You will quite often find you have legal cover included on your home insurance. You pay for it therefore use it. You have tried your best being civil and neighbourly so it's time for the big guns in the form of the insurance company.

 

[WorriedNeighbour]

Thanks, Folks, you have been wonderfully supportive so far! Insurance company it is tomorrow as well, am going to exploit every avenue, and yes, took lots of photos as soon as the damage was noticed and it was dry enough to not need an underwater camera

 

Any more bright ideas? Please send them in, and I am going to report on the outcome, of course, so that other people can benefit from it.

[Jesse]

The answer to your question is clear, he has in the eyes of the law complied with his legal responsibilities in complying with The Occupiers Liability Act 1957-84 , when you notified him of the problem he gave consent for you to make safe the problem. Under the Act you can not prosecute but you can be sued for damages, the Act requires owners of trees to take REASONABLE steps to any avert danger possed by a known hazard, you have notified him of this problem and he has under his terms granted permission. Hope that helps and saves you some money.

[Jesse]

Sorry should of said you just need to clarify that its okay to make the tree safe and remove the brash and cord wood from site. Me suspects Seiridium cardinale. You might even foot the bill for a full removal . I also think its not really a safety issue more to do with its a horrible green thing probably a Cupressus macrocarpa and blocking lots of light . i also think the owner is an elderly gent who does not care much for your concerns, either way always put in writing what you would like to do and your reasons, if quantifiable these would have repercussion for the owner of the tree .

[James1990]

Try contacting the Landscape Planning Group

 

Landscape Planning Group Ltd. existing and planned land use, trees & arboriculture, ecology and landscape design

 

There will be a consultant who could give you a definitive answer and the steps to take.

 

Speak to them before contacting your insurers as they deal with a lot of insurance work and would have dealt with cases like this in the past.

[felixthelogchopper]

If you do get a survey done on the tree which shows it to be dangerous, make sure you send a copy by recorded delivery to both your neighbour and his insurance company as, once he is aware that it is dangerous, it is highly unlikely his insurers would pay out in the event of a claim and so leave him liable for all damages. Don't forget to smile sweetly when you tell him this.

[HCR]

The answer to your question is clear, he has in the eyes of the law complied with his legal responsibilities in complying with The Occupiers Liability Act 1957-84 , when you notified him of the problem he gave consent for you to make safe the problem. Under the Act you can not prosecute but you can be sued for damages, the Act requires owners of trees to take REASONABLE steps to any avert danger possed by a known hazard, you have notified him of this problem and he has under his terms granted permission. Hope that helps and saves you some money.

 

I'm not certain this is correct. Can you really absolve yourself of a duty of care by saying 'yes, I know my property presents a hazard to yours - come and sort it out yourself if you're bothered'?