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Awkward Situation


Nick Connell
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I have found myself in a very awkward position this week.

 

I have two friends who are neighbours at the bottom of my drive. Gary and Sue. They know each other very well and are directors of a company together. Gary's large garden has many trees which block the light out of Sues house. Gary is moving house in 4 weeks. Sue approached him to ask if she could have the 3 end ones cut down before he moves. He agreed.

 

I got a call from Sue to price the job of there removal. A silver birch (25ft) oak tree (15ft) and Hazel (10ft). Once I agreed the price I said to confirm permission and access with Gary before we start. She phoned him that night to confirm and then texted me to say we had a green light to do it.

 

After completing the job while Gary was away sue was very happy with the work.

 

On Gary's return we both receive nasty phone calls saying he never gave permission for it all to be done.

 

Today we both received solicitors letters saying he wants full size trees replaced. And now claims 7 were cut down not 3. He also wants compensation for the trespass and interfering with his property.

 

Very strange situation to be in considering there both my friends.

 

What are your thoughts?

 

Thanks,

Nick

Hi nick did Gray Agree In writing to you both as Gray may now be worry about losing his possible house sale as a house is only sold when money goes into your bank hope you sort this out soon thanks best off as EGGS SAID GO AROUND AND SEE THEM BOTH THANKS JON

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We ground out the stumps! 🙈 didn't expect it from a mate. Sue offered to replace the trees once she found out how angry he was. Surely you can't ask for compo because some one came on to your land?

 

Hi nick Gray may be worried about losing his house sale if he blames the trees on this then yes you can get comp but go around and see the both I wish you nick all the best thanks Jon

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If you have the text then you have done all that would be deemed reasonably practicable to ensure permission for the works has been granted.

 

As you have a solicitors letter from him then in my opinion the friendly chat with the three of you around the table has been missed and you need to respond to the letter with your defence ASAP. State the facts as you know them including that you made the request that Sue (your customer) contact Gary for permission to complete the works and for access. State you had a response from Sue stating permission granted and access no issue and detail the exact wording in the text.

 

Say no more. Friend or not at this point you were a professional contractor obtaining what you believed to be rightful permission to carry out work.

 

With regards to the number of trees being questioned use google maps or possibly the photos from the estate agents sales brochure to prove what was there.

 

Record and detail everything you remember and everything said from now on, you may need it

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