Neighbours tree liability

[farmer rod]

Just to clarify

 

If the tree is say at 45 deg and currently resting on the fence, would the owner be liable for any further damage caused by it?

[likeitorlumpit]

Just to clarify

It was a large leylandii

It damaged the tree owners fence but came down across the tennants property missing the house by inches and totally blocking the upstairs windows ending up at an angle of 45 degrees.

The owner of the tree got a tree gang in to take out some lower branches to ' reduce liklihood of further movement' - you might call it emergency work.

The tennant was left with a garden full of conifer plus a large pile outside in the road.

The tree owner then refused to do any more work saying his insurance company had told him to leave it as it was an act of God and his liability stopped there.

We were asked to remove the remaining overhanging- I know, with no immediate anchor point, not for the faint hearted.

We gave the big wood back to the owner of the tree.

The housing association are now threatening to send the bill to the tree owner but I think they may just have to pay up.

I've never come across this before. Usually the tree owner is only too happy to get the job done fully and pay the bill if only to foster good neighbour relations.

[treequip]

Just to clarify

It was a large leylandii

It damaged the tree owners fence but came down across the tennants property missing the house by inches and totally blocking the upstairs windows ending up at an angle of 45 degrees.

The owner of the tree got a tree gang in to take out some lower branches to ' reduce liklihood of further movement' - you might call it emergency work.

The tennant was left with a garden full of conifer plus a large pile outside in the road.

The tree owner then refused to do any more work saying his insurance company had told him to leave it as it was an act of God and his liability stopped there.

We were asked to remove the remaining overhanging- I know, with no immediate anchor point, not for the faint hearted.

We gave the big wood back to the owner of the tree.

The housing association are now threatening to send the bill to the tree owner but I think they may just have to pay up.

I've never come across this before. Usually the tree owner is only too happy to get the job done fully and pay the bill if only to foster good neighbour relations.

 

The tree owner has (allegedly) been badly advised, he is liable for the removal of the material left and the removal of the remaining tree to the "make safe" level

[Yorkshireman]

If I were advising your client , I would suggest they contact the owner directly, asking what he /they intend to do with the tree following the recent event & when they/he intends to remove the materials which are currently fouling their property and abstructing the tenant from the free and reasonable use of the dwelling and its gardens which maybe be seen as an actionable nuisance.

 

with a caviat as to any response should to include the details of any professional or legal advise the owner is relying on for any standpoint.

[likeitorlumpit]

The tree owner has (allegedly) been badly advised, he is liable for the removal of the material left and the removal of the remaining tree to the "make safe" level

 

What would you deem 'make safe level'

I'm thinking to be safe the tree needs cutting back to the boundary to prevent possible breaking and falling into the garden. Plus arisings removed.

The owner seems to have been advised by his insurers to just cut off the branches that were catching the wind. Leaving all arisings in the tennants garden and outside. Bit of a cowboy job though I guess as it was Xmas eve in the wind the guys who did the initial works were being pulled from every direction and didn't have time to clear up.

I'm going to leave the battle to the housing association but would like to know what people on here think or have experience of so I am better prepared next time it happens.

[treequip]

What would you deem 'make safe level'

.

 

Without sight of the job I wouldn't even hazard a guess.

[daltontrees]

Without sight of the job I wouldn't even hazard a guess.

 

Nor would I! Do what any reasonable person would do in the circumstances and you need fear no repercussions.

[likeitorlumpit]

Nor would I! Do what any reasonable person would do in the circumstances and you need fear no repercussions.

 

Thats the issue

The owner in my opinion has done less than I would expect.

We have cleared up but it leaves me thinking- how would I feel if I was the person who had the tree fall across my property. Personally, I would expect the tree owner to clear up his mess but this situation suggests that is not recommended and all he has to do is 'make safe'.

For the record- we will get paid regardless but I'm just feeling the tree owner should bear more responsibility.

[peatff]

It's up to the injured party to pursue the matter. They should seek legal advice and claim any costs plus their inconvenience. No matter what the tree owner thinks is right it has cost your client for no fault of their own.

[ShooTa]

Skyhuck - i wasnt sure if you got the semi- tongue in cheek nature of my post -

you are fully correct that the tree sadly is still the persons on whom land it is rooted -it just sucks that what most of us would call common sense would come into operation ..

 

the fact that the insurance has gone hands off is just annoying - but hey ho thats the way this country is headed.