Trees and Neighbours!

[**streety**]

Hi all.
I need some advice.

I had a letter through the door late last night from a neighbour  to say that some branches from the tree at the end of my garden (which backs on to the end of the sender's garden) had blown down during the stormy weather at xmas and one had landed on his shed roof causing considerable damage.  He then said the remaining branches that over hang his are in need of attention and I'm to contact him to discuss the issue.

Last night I went online to quite a few garden law etc websites and they all say that the neighbour is responsible for the branches that are overhanging and as stormy weather is classed as an act of God then he cannot hold me responsible for the damamge to his shed unless the tree is diseased.   His shed is very run down from what I can make out through the overgrown shrubs and clutter he has around it so I'm not surprised it was damamged.

Does any one have any similar experience or can clarify what I've already found out.?

[peteryola]

Gut feeling - he is trying it on to get a new shed at your expense.

[bitsnknots]

If the damage was done round about Christmas last year, why has he left it until after Easter this year to contact you?  I also think that he is trying it on.

[**streety**]

I did wonder that too.   I would like to know my rights though.  I had a look at the tree and I can see there are some loose branches hanging, but these are over his end of the garden and have obviously been caused by the high winds.  My garden is very long and I dont often go all the way to where the tree is.

[myraandjim]

sounds like he is trying it on, but if you have home insurance just put it in the hands of the insurance company to sort out, until you have spoken to the insurers don't even contact him.

[bitsnknots]

Your neighbour could also claim on his buildings insurance.  On Monday, you could also make an appointment with someone at your local Citizens Advice Bureau and see what they say.

[saasher2012]

Do not reply until you have taken proper advice, I also think he's trying it on.

[**streety**]

CAB aren' helpful.  Last time I went there they googled to find out some information, which I can do at home

[**streety**]

I have a friend whose brother in law is a tree surgeon so I have asked if he can pop around for some impartial advice

[cookiecookuk]

as far as i am aware they are resposible for there property and if they think your tree is in there way or might damage there property they can cut it down or a few branches but first they must notify you to give you a chance of trimming it and also if they do it they must give you your branches back if you want them(they can not use your fire wood)as mfor ther shed i think they should use there house insurance not yours as  as you say it was an act of god..

[**streety**]

Thanks Cookie, thats more or less what I've read.  Apparently  if a neighbour throws them back over without permission its classed as fly tipping!  If the tree branches have fruit on them and the neighbour keeps them its then theft! 

[cookiecookuk]

yes it is theft .i remember my sister had a simalar problem years ago and as far as i can remember those were the facts.hope they help you.

[fluffypenquin]

This is interesting, because when our neighbou'rs trees was in danger of undermining our garage, our insurers advised us that it would be the neighbour or their insurers who would have to pay if our garage or car inside were ever damaged.

They also said that the owners of the trees are responsible to ensure they are healthy and that any diseased branches that could potentially fall off in bad weather should be removed as it is a foreseeable problem. 

I will be interested to read what advice you are given.

Our neighbours have 8 trees bordering our land and they overhang our driveway.  We have removed the overhanging branches that are accessible after discussing this with our neighbours.  As the trees are very tall, there are branches that would require specialist equipment to remove.  The neighbours will not pay for this - again our insurers have said that because we have brought the subject of overhanging branches to the attention of the neighbours, it would ultimately be their responsibility if any fallen branches cause damage in our garden.  Our insurers would initially settle any claim but would then seek to recover costs from the neighbours or their insurers.

Trees and neighbours are always a problem.

Sadly a lot of people plant trees without taking into account how big the canopy of the trees will be.  They plant along bordering land leaving insufficient space.

[bankhaunter]

There's some info here.

It largely states what Fluffy has posted above.

http://www.which.co.uk/documents/pdf/the-law-on-trees-153989.pdf

[**towery**]

i remember it is  although the tree is your responsibility as its in your garden   your neighbour has the rights to  take off overhanging branches  if they want , up to where the boundary line is -  imagine an invisible airbourne boundary

they are supposed to ask if you want the branches back

so im guessing you may be asked to make sure itss not in a dangerous condition

if its a big old tree  check its not got any presevation order on it - councul should know that

[**streety**]

Thanks for the info.

Hopefully a tree surgeon will be able to say if the tree is diseased.   Before the storm I would not have known that the branches were in danger of falling.   There are some loose branches hanging over his side as a result of the storm, he has made me aware of that.  They are very high and would need a specialist to sort.   I'm not certain if that is my responsibility or his if the tree is found to be healthy.

[mustavaquid]

"I'm not certain if that is my responsibility or his if the tree is found to be healthy."

It's your tree so the responsibility is yours. Would it be best if the tree was felled? It's not only the overhanging stuff which needs to be thought about but the roots too, which could affect nearby buildings, drains, water & gas pipes, electric cables etc. etc..

Yes, the neighbour may be trying it on with the 'cost' of damage to his shed, but bear in mind that even if it is or was in poor condition - as you judged it to be -, it could have remained standing like that for many years had it not been hit by debris from your tree.

[ilove2patch]

I have just paid a man to remove branches of a large tree I have that were overhanging next doors garden as I felt it was my responsibility being my tree very close to the party wall. They gave permission for him to do it from their side. It needed cutting back on my side too so we have both benifited. I had always said to them they can cut off the branches but they never bothered.

[cee-dee]

If the tree showed no visible sign of disease, you're in the clear. Not long ago a tree fell (or lost branches, can't remember) killing someone and because there was no obvious sign of a previous problem, the owner wasn't prosecuted or made to pay compensation.

Now your tree has lost some branches, it's in your interest to remove any overhanging other property. If there's a TPO on the tree, you can still remove dead or damage branches without seeking permission. If there's no TPO on the tree, you could cut it down altogether because if it's in a Garden, no felling licence is required.

Your neighbour (as said above) can remove any overhanging branches without telling you so long as he/she returns the branches to you.

[**streety**]

The problem is the cost.  I really cant afford to do that.  Its a very tall tree.  It is a worry though.