A little advice please

[Starscream]

I received an email response from a customer today and it's not something I've had to deal with before.. Here's some background to the job/quote - it's to

Prune a birch by around 20%, a beech by around 30% and to cut back some overhang and to reduce a small spindly beech tree that's grown bent and basically arcs into the neighbours garden.

When I did the quote I got the feeling they didn't get on with the neighbours and it now rings true.

 

Here's part of the email:

 

 

The 16 th of January2016 will be suitable for us. However you will not be able to gain access onto the neighbouring property to carry out your work. All material removed from the neighbours tree on our side in the back garden will have to be given back in accordance with the law. The over grown branch growing into the neighbours garden will have to be cut back from our land, and if this is not possible please let me know.

 

the birch is fine, no issues; the beech overhangs their drive, but not by much and with any luck I should just be able to cut and chuck; the spindly beech I could prob climb and yank back into her garden albeit not easily (should have been a simple ladder and pole saw jobby) the bit I don't know how to proceed on is the overhang and giving it back. They're clearly being difficult as it's just some bloody holly!! Tiny stuff, pole saw and hedgecutter work. Obviously it sounds simple, but, I don't want to just throw it over the fence. Should I knock for the neighbour prior to the job and arrange what they want me to do with the arisings? Any input gratefully received,

Matt

[Stephen Blair]

Email him back and say it's not company policy to chuck debris back over the fence, you will stack it neatly on his side and he can do what he wants with it.

Don't do his dirty work for him!

Ideally walk away from the job, neighbourly disputes are a nightmare!

[felixthelogchopper]

As I understand it, you are obliged to offer the arisings back but they aren't obliged to take them. If you just put it back on their property, you would be guilty of flytipping.

[TTP]

Normally I make a rule of not getting involved with neighbourly disputed but I would recommend going talking to them because the last thing you want is to chuck a load of branches over the fence creating an argument because it will look bad on your business. Maybe jot a little agreement and get the neighbour to sign it just so there's no come back.

[Robert_S]

Alarm bells !! walk away, life's too short.

[Andyd1606]

I'd tell them to grow up and start acting like adults. The only thing you have to do by law is offer the arisings back to the neighbour they don't have to accept its just to negate the fact that you could be "stealing" a few holly branches 😕

Just chuck them through the chipper with the rest of the waste will be easier for you rather than having the neighbours moaning at you making your business look bad. No harm in having a chat with the neighbours before you carry out the work they may be as nice as pie and let you enter their garden it's just that they didn't want to talk to your customer or be helpful to them.

Sorry for being blunt had my fill of neighbours being children recently

[felixthelogchopper]

I'd tell them to grow up and start acting like adults. The only thing you have to do by law is offer the arisings back to the neighbour they don't have to accept its just to negate the fact that you could be "stealing" a few holly branches 😕

Just chuck them through the chipper with the rest of the waste will be easier for you rather than having the neighbours moaning at you making your business look bad. No harm in having a chat with the neighbours before you carry out the work they may be as nice as pie and let you enter their garden it's just that they didn't want to talk to your customer or be helpful to them.

Sorry for being blunt had my fill of neighbours being children recently

 

Do you want a hug when I see you?

[geoff]

Nothing in your quote about holly, so it's all a bit hard to understand .

 

Basically if the trees belong to your client you can do what you want subject to tpo's, etc.

 

The neighbor can refuse you access, but try asking them, if it's benefiting them they might give consent.

 

Any trees owned by the neighbor can be pruned to the boundary, as long as you don't kill the bloody thing etc.

 

As for giving back the arisings, you are meant to ask, bit can't just leave it on their property without asking.

 

Its a straightforward everyday domestic job, just talk to those directly affected by the work,and make sure you know who is paying, getting the spec and conditions in writing, as the client sounds a pratt.

Edited January 4, 2016 by geoff

[geoff]

Do you want a hug when I see you?

 

Yes please...

[detritus21]

Without permission you cannot enter the neighbours property to cut the neighbours tree. This includes anchoring into the tree on the neighbours side. This would be aggravated trespass. Any thing you cut off must be offered back it doesn't have to be given back. If you just throw it back you could be charged with fly tipping.

 

In terms of pruning overhanging trees from the side you are working from you can enter the airspace as it is maintenance which the tree owner has a legal obligation to do.

 

In terms of dropping stuff on the neighbours side if you do you are legally entitled to enter the property and remove what was dropped provided it is fine with minimal fuss and disruption.

 

Seems like a pain in the backside job with a customer thinking they know law when they don't even know the basic you should offer the stuff back. Everytime I've offered no one has ever wanted to keep the brash maybe a log or two though.