We have a row of large Leylandii trees along our front garden, 50+ years old, 25m tall, and have been topped and maintained in the past. They were overhanging a dead space piece of land, and the owner was happy for them to continue growing like it.
However we have since had a developer buy the piece of land next to us and the trees, and he has given over the land directly next to us to the council as an adopted footpath, and the rest is his new property, so the branches over hang the footpath and reach into his garden. He wants us to take the branches all the way back to our fence line, which having had a tree surgeon in to take a look, he has deemed taking them that far back would completely destabilise the trees. So we have offered to reduce the width, so they would only be overhanging the path not his property. Which we are unsure if he is able to do this as adopted footpath is surely the councils responsibilty?!? However he is not happy with this and wants to take all the way back to our fence.
When it destabalises the trees, is he liable? Or for any further damage to our property, trees and cars if one was to come down in winds? Or do we have to actually wait for something to come down for it to cause damage before we can sue?
