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Basia1979

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  1. Thank you for all your replies. I will leave it be as not worth effort and stress. Just reminded them both again that I owe these oaks. There is more to the story than it's written in the above. Just didn't want to complicate it and tried to find out if it's a fair exchange. I do not share any boundary with the farmer, nor he owes the lane. This is not first time farmer plus his friend tree surgeon were prunning the oaks without my permission and cleared all the wood after works, that happened on three occasions as I live here, most of the time I'm not at home (surprisingly) but I managed to caught them doing jobs last November and asked to be contacted if they need to do any prunning for the lane access etc. Yes they both have my mobile numbers. In the past I hired same tree surgeon to do small jobs on these oaks, he even put the bat box on the same oak which has fallen so their explanation 'we didn't know it's yours oak' seems to be not true. In the ideal world I imagine that this way: Oak has fallen, farmer found it, calls me to check if I'm aware, I'm on holiday, he kindly says he can call his friend to sort out, we agree about the cost or exchange for the timber. I would probably asked them to leave few branches in the hedge to keep beetles happy. But that didn't happen. Why? I'm not sure and I hope it's not going to happen again. I don't think I will buy them a bottle of something nice. And I planted a silver birch in the gap the oak left.
  2. Hi, I joined this forum to get an advice on the issue. After Ciara one of my oaks in the garden fell, roots did not hold the tree and it went to the ground and blocked the farm track as per photo. I was on holiday then, I came back to no oak, no wood, no invoice for a job, no phonecall. From my investigation I found out that the farmer 'assuming' he owes the oak (it's obviously not his and it's clearly growing within my hedgerow and I struggle to understand why he could think it's his) called his friend tree surgeon and they both cleared the site. Now as I contacted the tree surgeon he gives me options: 1. I bill you for a job 850£ 2. or I keep the wood. This is his invoice and estimated value of the wood. ' I don't sell logs. We would only use them at home for burning when its dried out so it doesn't have much of a monetary value to me. For arguments sake you could say once it has been cut up split & dried it could be worth £150 +VAT as fire wood. Realisticly the cost of the emergency call out and further work should be at least £150+VAT Call out Fee. £200+VAT for the 2.5 hrs (on overtime for very unsociable hours) for me and my grounds man to cut the tree clear on the 14th. £150+ VAT For X.Y'.s time and fuel etc with his loader on the 14th and also all the time buring the branches and rotten wood etc later on. £200+VAT for the 5 hrs it took me and my team of 3 to cut up & clear the waste from the site on the 20th. £700+VAT £840IncVAT should be the total cost of this work. However, many other larger companies would charge considerably more! I think we are being extremely fair by not asking for any payment.' My question is it fair deal just to let him have the wood for a job he did? I would not know that. I never had anything to do with similar issue. Nor I know the value of the timber/wood. I mean he said this wood is suitable for logs for him (?!) It was perfectly healthy oak, no rottening in the core, 95 cm diameter on the level of the cut he did, the timber is stored now somewhere at his farm so I don't know if he cut it into pieces or not. The biggest issue I see is that when I was away, they both farmer and tree surgeon sorted out the issue and taken wood without my permission. When questioned about it both say we didn't know it's yours oak, then the tree surgeon (retrospectively) puts the value to his work which is obviously equal or better than value of the wood itself. Shall I let him have the wood? other options - should I think about more serious legal action? I'm not sure if area matters but all of that happens in East Sussex. Any advice would be much appreciated. Thank you.

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