Severed roots

[Shane]

If the tree went over after the (new?) Fence was erected I'd of thought it would have taken some of the fence with it.

 

No. The roots were so thoroughly cut there was nothing below the fence to pull it up - the edge of the root plate just lifted in an arc alongside and the away from, the fence.

 

The line of cuts was along the booundary, it just twisted a bit as it fell. You can see the end of the new panels just to the left of my diary.

Edited March 29, 2016 by Shane

[kevinjohnsonmbe]

Can't help but think that it is the contractors and/or their insurers who should be paying for this!

 

Absolutely....

 

I wonder if (a) they have insurance or (b) the person engaging them checked it?

 

I'd be pretty miffed if I (as the homeowner) had to pick up the tab for a contractor I'd engaged being a plumb.

 

My apologies to Vesp for being so cynical as to think it might be anything other than love & peace out there in suburbia!

 

Restored my faith in human nature.......

 

For the time being at least......

 

Let's see what the weekend brings! Popcorn and beer at the alert!!

[Shane]

Can't help but think that it is the contractors and/or their insurers who should be paying for this!

 

Maybe - I've had clear instructions from the neighbour (which has been discussed and agreed with the owners) so not too worried.

 

If it ultimately comes to a payment problem I will refer to the numerous Bruce Willis tactics suggested on many a thread before.

[eggsarascal]

No. The roots were so thoroughly cut there was nothing below the fence to pull it up - the edge of the root plate just lifted in an arc alongside and the away from, the fence.

 

The line of cuts was along the booundary, it just twisted a bit as it fell. You can see the end of the new panels just to the left of my diary.

 

Thanks for that. When I saw the first picture in the thread I thought it was a drainage job gone wrong, note the stack/vent pipe, far left, middle of picture.

[Vespasian]

Your approach (commendably In an ideal world of love & peace💝) misses out the potential for historical relationship issues between the neighbours and mundane matters of law.

 

Meanwhile back in the bleak reality of suburbia, I see a potential minefield!

 

Yes, and thats why I suggested an "ignorance is bliss" approach..

[Luckyeleven]

I'm well aware of the law and how it stands, but it cheeses me off a bit that people plant trees next to boundaries, IMO the neighbour should be within his rights to cut the roots, they are on his property after all

[kevinjohnsonmbe]

I'm well aware of the law and how it stands, but it cheeses me off a bit that people plant trees next to boundaries, IMO the neighbour should be within his rights to cut the roots, they are on his property after all

 

An interesting turn of opinion! I'm not entirely in disagreement with you!

[Gary Prentice]

Well, we went round there today to have a look.

The tree officer turned up and confirmed the two knacked trees were not TPOd .

 

The neighbour the other side told me the root damage was done about three weeks ago but he was also aware that the owners had discussed and agreed with the 'culpable' neighbour that the mess can be cleared up and they would discuss the percentages of payments when they return from holiday. That tied in with what the guy told me on the phone.

 

I have his agreement to my ts and cs including full payment (some of which he may/may not recover from the owners) on a text.

 

We started the clear-up (but not touching the stumps/roots). Soon after the owner's mum turned up and she was aware we might be there - so all good.

 

She asked to see the root damage and she also took some piccies.

She thanked us for doing a good and careful job working around the shagged 5 bar gate and brick pillar. She wished us well and went on her way.

 

There seems no issue with the owners and us being on their land. The Mum insisted that we leave the roots (as agreed with everyone) as a basis for 'discussions' over the apportionment of costs.

 

It also turns out that the children of the owners are great friends with the children of the neighbour so they may be grown up enough to remain friends.

 

Having said that - due to the actions of the neighbour's contractors the owners have lost two 35ft trees, a very wide 5 bar gate, a brick pier and a decorative concrete ball which used to adorn the brick pier. Also numerous shrubs have been flattened along with a small hlly which looks a tad insecure and the possible damage to a TPOd deodar just a few feet away.

 

If they were friends before, this will be a big test of that friendship.

 

Anyway, site now fairly tidy, logs spoken for and chips delivered to local stables.

 

I will update you at the weekend.

 

PS the owner's mum said she saw the contractors tearing at the roots with a JCB a few weeks ago. When she challenged them they said it would be OK they...

 

Knew what they were doing!

 

Ha ha ha

 

Looks like enough of the owners family know and have seen enough that you don't need to be involved, other than to do what you've already done. Good position to be in and a good job too.

[elspedo]

I'm well aware of the law and how it stands, but it cheeses me off a bit that people plant trees next to boundaries, IMO the neighbour should be within his rights to cut the roots, they are on his property after all

 

An interesting turn of opinion! I'm not entirely in disagreement with you!

 

Under English tort law roots on your property count as trespass/nuisance and you are fully within your rights to remove them back to your boundary without notice.

 

Would be interesting to see a ruling if this did go further for damages, how it was ruled in regards to who was liable.

[treequip]

Oops wrong thread