Wind blown trees/insurance.

[Countryside Services]

Right. A management company for a block of flats that I look after called me this morning. The top of a 60 odd ft conifer that's on a neighbouring bit of scrub land had blown out, across the fence, car park and sheds of the flats. Whilst on the shed roofs the owner, who turns out is a complete arse came round and told me he wasn't going to pay, it's the flats responsibility as it's landed on their property. And it was my responsibility to make the stem safe on his side if the fence, which I did! Can someone tell me how the law stands on this? Cheers Sam.

[A Pettersen-Firewood&Chip]

His tree. If it falls for whatever reason and damages a neighbouring property he is liable. He is also the one to pay to have it removed. As he does not want to pay all you can do is cut the tree up and put the waste on his land and charge your client a fair price for your time etc.

 

Its only when the tree is growing over the boundary line, the neighbour asks the owner permission to do the work and possibly pay half and if owner agrees to pay fair enough if not you remove it to the boundary line leaving the waste on the neighbour's side.

 

hope this helped

[Countryside Services]

I thought that may be the case. So the load of woodchip I have on my truck should legally be returned to him/his drive?

[codlasher]

I thought that may be the case. So the load of woodchip I have on my truck should legally be returned to him/his drive?

Ha, ha! Else you will be thieving!

codlasher

[Countryside Services]

Ha, ha! Else you will be thieving!

codlasher

 

And we wouldn't want that! Haha

[A Pettersen-Firewood&Chip]

I thought that may be the case. So the load of woodchip I have on my truck should legally be returned to him/his drive?

 

 

Yes. But if you have asked his permission to remove the waste its yours. If he has not given permission then you may dump it on his drive or charge him to take the waste away.

 

Or you can simply dump it on his drive and go but dump it so it does not cause upset i.e blocking access in the driveway.

 

Best Case:

You go there he pays for you to take it away happy days. If not and he accepts to have it back then you tip it at his.

 

Worst Case:

If you do go there to tip and he refuses to hear you out and calls the police you can say that you cleared the neighbours property and decide to chip the waste. And now am returning the waste to the owner of the tree.

 

 

These are the scenarios I would expect and personally do.

[Steve Bullman]

If the management company called you to do the job its them you bill....up to them to argue the toss with the tree owner...nothing for you to get involved with IMO. You really should have clarified this before doing the work though

[Countryside Services]

They told me this morning to invoice them, and they will pass it onto the land/tree owner. So that's what I shall be doing! Was just wondering what the law was on the matter. As the bloke was being a arse, refused to give his name and mouthing off etc!

[A Pettersen-Firewood&Chip]

They told me this morning to invoice them, and they will pass it onto the land/tree owner. So that's what I shall be doing! Was just wondering what the law was on the matter. As the bloke was being a arse, refused to give his name and mouthing off etc!

 

That case you can keep the waste and get your money

[felixthelogchopper]

Are you sure they aren't just going to give him your invoice for him to pay? Make sure your invoice is made out to the management company, making it their bill and not his, as it might save you a long wait for your money, assuming your t&c's mention payment in a fixed time.