Property Dissclaimer

[Backpain]

I've been asked to take down a tree which is the subject of a dispute. There appears to have been a legal case between the neighbours and the tree owner has agreed to take the tree down.

 

My concern is that I need to work from the neighbours property to take down the tree and they are okay about this.

 

A large building company delivered some materials to my house and asked me to sign a waiver before they would bring their truck up my drive. I'm assuming they get litigation cases where people want £50k for damaging the drain etc......

 

Should I ask them to sign a damage waiver before commencing work? I have £5m PL insurance but I'm just worried they might sew my ass if I even disscolour they're driveway.

 

I don't want to go into details about whats happened only to say the own of the tree is facing a huge legal bill. I just wondered if anyone has been in the same situation.

[CJM]

Keep it simple mate don't danage anything and you'll be fine, if anything is damaged or discoloured take pictures before hand.

If the job is going to be that much of a ball ache is it even worth doing?

[Andy Clark]

A waiver is unlikely to get their go ahead, but it would definately be worth walking around with the landowner before starting work, to look at the site and agree with them beforehand anything that you notice is damaged. As CJM says, get plenty of photos, and turn the time/date capture on so that they are time stamped.

[Backpain]

Considering the size of the tree I'm concerned about heave resulting from its removal. The law suit is based on subsidence so would I have any liability for future damage if it occurs?

Has anyone got any direct experience of this? The owner of the tree has been sued by the neighbours insurance company, why by the looks of things have a very good barrister.

[Andy fellows]

I think I would be walking away from that one.

[kevinjohnsonmbe]

I think I would be walking away from that one.

 

To true! I'm not having anyone sew my ass! I'd explode within 24hrs.....:lol:

[kentjames]

I would be contacting a local Arb Consultant for a report into the possible issues resulting from its removal, plus a strategy for staged removal if heave is a possibility. Get it all in writing.

 

With regards to accessing the property i am with the previous reply of walking around the land with the land owner and ask if there are any targets they are concerned about (a shrub might be from great aunt Rosie's garden and if you destroy it they may kick up stink)

 

I have been in the same situation with a tree between neighbours, you just need to distance yourself from the argument between them and get the neighbour onboard with the fact you are there to do a JOB and cure the issue not anything else. The neighbour ended up offering us his back driveway for an LZ and processing area for the job.

 

Offer the neighbour some logs or wood chip - simple things go a long way.

 

Be very specific with your quotation wording, cover yourself in the quote carefully

 

Considering the size of the tree I'm concerned about heave resulting from its removal. The law suit is based on subsidence so would I have any liability for future damage if it occurs?

Has anyone got any direct experience of this? The owner of the tree has been sued by the neighbours insurance company, why by the looks of things have a very good barrister.