Legally enforce inspection?

[Jesse]

Anyone contemplating taking legal action against there neighbor in respect of a tree related issue faces a daunting task. Unless you qualify for Legal Aid or are 100% confident of the courts ruling in your favor it could be very costly for you. Other considerations-have they Insurances inplace that will pay your compensation(IF AWARDED) are they financially sound/viable? ie will your award be drip-fed over a lengthy period of time and in small denominations ?You could even enter into the legal process on a 'Pay as you go' with your solicitor, drip feeding his deep pockets with money at a £150 a letter and come home one day and find after spending £500-£800 that the tree has gone. Who will pick up your bill then ? YOU- The work may have been scheduled in some time ago and he has just ignored your threats, he will have fulfilled his legal obligations. One last point, your own insurance will only commit if there is a risk of Direct or Indirect damage accuring to your house and also when you decide to sell up your house because the animosity has become unbearable YOUR legal obligation will be to declare all detials relating to this and what a lovely naughbor you have.

[tommytopsoil]

Gents,

 

If I may interject here......

 

I think the important point to remember is "time and place" yeah?

 

Agreed, this is an open forum, published on the web for all of us to have our say, or add our ten penneth to a subject that we feel fit and capable of comment on - and why not? That's certainly why Mr B had the good grace to start the forum in the first place.

 

But (yep, sorry chaps, there's always one!), equally, we are all professionals - not only representing the forum, but also our industry.

 

And as professionals, representing the forum and our industry, let's try and act that way yeah? Fan-flippin-tastic....., if we, as professionals, wanna debate the in's and out's of the various Occupiers Liability Acts, or the Misc Prov act, then let's do so! Dust off your copy of Mynors, or whatever copies of whatever acts and statutes you feel need debating, grab a glass of red/beer (whatever floats your boat) and your fags (or not), and let's get another thread going.

 

But that's not this one was about. It was a member of the public, who had the good grace to actually join the forum and simply ask for advice. Our advice as professionals.

 

I for one have a lot more respect for that, rather than hide behind a "guest" membership and lurk - looking for whatever snippets of out of context info they could get their hands on.

 

If they like the look of your particular advice, then fine, that's up to them. If not, then that's up to them too! Beggers certainly can't be choosers! So stop fighting and let them choose!

 

Now shake hands, make up, and let's all have a beer at the next show.

 

I have nothing to add to this thread and certainly do not see myself as having a broad enough understanding of the law in this context to make a valid contribution.

What I would like to say however, is that I have a lot of respect for what Andy has said here and I think there are a lot of people on a lot of forums that could take a lot from this. Fair play.

Tom

[Jesse]

WorriedNeighbour, hope all of your questions have been answered, All great replies - sorry for not responding to all but i think one or two of you know what I am on about, I do like to flip the coin. Andy C and HRC and all members I'm cool with what ever you think, this debate has been a really good one and a great source of information for WorriedNeighbour and FREE.

[HCR]

WorriedNeighbour, hope all of your questions have been answered, All great replies - sorry for not responding to all but i think one or two of you know what I am on about, I do like to flip the coin. Andy C and HRC and all members I'm cool with what ever you think, this debate has been a really good one and a great source of information for WorriedNeighbour and FREE.

 

[JonnyVine]

Spot on Jess