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.?

[**streety**]

Please rest assured I'm not trying to shift responsibility, If the tree surgeon says its in my best interests to get the work done which he may well do, I will.  However I don't want to have to claim on insurance for a damaged shed when I dont have to if you see what I mean

[**towery**]

if its got nesting birds in it  then you wont be able to remove anything until they have fledged

unless there is a case that it is diseases and needs removing

the council may get involved and bill you for it 

so you may have time to say money

[**towery**]

what sort of tree is it?

[**streety**]

Why would the council be involved?

[**streety**]

I dont know what type of tree.  I think the neighbour said it was an Ash

[**towery**]

it makes a difference if its an  ash tree with  ash dieback disease  as they need proper disposal

[cee-dee]

Ash trees are notorious for suddenly dropping a branch for no apparent reason but if it has Ash dieback, as said above you'll have to have it disposed of.

It sounds like it's best gone anyway whether it's got the disease or not.

[mustavaquid]

Some trees could be worth a bit of money, if you found a local timber merchant ( or even a small woodworking company ) who wanted it they would maybe fell it and take away the trunk and other sizeable pieces 'for free', leaving the rest to be burned or rot.  Ash is a good wood to work with. Any 'rural craft' people near you? Advertise it on Freecycle????? "Free for removal" but ensure whoever fells it has insurance cover.

[ginap.123]

The other thing is, if the branches are overhanging next doors property & need cutting back (due to inconvenience, damage etc) why should the neighbours have to pay as it is not thier tree.Personally I would be looking at the owner of the tree either footing the bill or removing it.

[**streety**]

After  a lot of research the owner of the tree is not responsible if a neighbour doesn't want branches that overhang.  It is up to the neighbour to chop them off if they wish.   I've done this with about three trees where I lived previously.  Branches grew over and blocked out the sun, so I had them trimmed back.

However the owner of the tree does have a responsibilty to make sure the tree is healthy and is not dangerous in any way.   Once that is verified then if any branches fall due to storms the owner is not responsible.

I've decided that when the Tree Surgeon comes and IF he says the tree is healthy I will out of neighbourly courtesy and to be honest it's the right thing to do, get the tree trimmed even though I'm not required to by law.   However I wont be held responsible for damage to the shed