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  • FIRST POST
    paternoster
    neighbours fallen tree in my garden
    • #1
    • 13th Aug 12, 9:58 AM
    neighbours fallen tree in my garden 13th Aug 12 at 9:58 AM
    Hi

    A large part of my neighbours tree has fallen in my garden. Their garden is totally unaffected.
    It`s massive, and is going to take a lot of work, and perhaps cost to clear if I can`t manage it.
    What responsibility do they have?
    (In other respects they have proved unwilling to share costs of pruning a large hedge on our shared boundary, so I`m not hopeful of a contribution)
    Will I end up having to pay, and can I return all the wood to them? In respect of returning wood I have seen conflicting advice about that, with some people saying I have no right to `give it back`
Page 1
    • Senior Paper Monitor
    • By Senior Paper Monitor 13th Aug 12, 10:02 AM
    • 2,783 Posts
    • 1,638 Thanks
    Senior Paper Monitor
    • #2
    • 13th Aug 12, 10:02 AM
    • #2
    • 13th Aug 12, 10:02 AM
    My recollectiion is in theory 'you have to give it back' - but if you would rather not, can I have the wood ?
    Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
  • paternoster
    • #3
    • 13th Aug 12, 10:17 AM
    wood
    • #3
    • 13th Aug 12, 10:17 AM
    yes you can have the wood!

    it`s ash and very substantial!
    • Senior Paper Monitor
    • By Senior Paper Monitor 13th Aug 12, 10:27 AM
    • 2,783 Posts
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    Senior Paper Monitor
    • #4
    • 13th Aug 12, 10:27 AM
    • #4
    • 13th Aug 12, 10:27 AM
    It was supposed to be humour (but if you are in the Oxford/Reading area I'll happily take you up on the offer).

    My recollection (from some research on border disputes a couple of years ago) is that:

    1) If it did damage then the tree owner is responsible for the costs

    2) in theory you are liable to return it (certainly the case if you cut it off)

    3) I don't think they are liable for the cost of removal


    As I have an open fire in living room (which I feed at great cost over the winter) I'd be delighted with a large lump of ash appearing in my garden, but appreciate that not everyone would be as keen !
    Last edited by Senior Paper Monitor; 13-08-2012 at 12:03 PM.
    Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
  • Misstress
    • #5
    • 13th Aug 12, 10:34 AM
    • #5
    • 13th Aug 12, 10:34 AM
    Put it on your local Freecycle group stating that they will need to cut it in manageable pieces to remove it.
    • martinsurrey
    • By martinsurrey 13th Aug 12, 10:54 AM
    • 2,125 Posts
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    martinsurrey
    • #6
    • 13th Aug 12, 10:54 AM
    • #6
    • 13th Aug 12, 10:54 AM
    unless you can prove that they were negligent in the maintainence of the tree, its your cost to repair the damage.

    proving negligence will cost more than you'll get back, so if he wont come to a reasonable gentalmans agreement, your not going to get anything out of him.
    • Mojisola
    • By Mojisola 13th Aug 12, 11:01 AM
    • 24,516 Posts
    • 62,357 Thanks
    Mojisola
    • #7
    • 13th Aug 12, 11:01 AM
    • #7
    • 13th Aug 12, 11:01 AM
    In respect of returning wood I have seen conflicting advice about that, with some people saying I have no right to `give it back`
    Originally posted by paternoster
    You have to "offer it back" and if they refuse, you have to dispose of it.

    Ask them if they want, the chances are they will say no because of the work involved - record this or have a witness with you - and then offer it on Freegle/Freecycle.

    You don't want them coming round after it's been cut into manageable bits saying that it's theirs!
  • paternoster
    • #8
    • 13th Aug 12, 11:26 AM
    • #8
    • 13th Aug 12, 11:26 AM
    [QUOTE=Senior Paper Monitor;55115811]It was supposed to be humour (but if you are in the Oxford/Reading area I'll happily take you up on the offer).


    Yes, so was my response!

    But i`ll bear your offer in mind, as I do live in that area!
  • Judith_W
    • #9
    • 13th Aug 12, 12:54 PM
    • #9
    • 13th Aug 12, 12:54 PM
    Another vote for offering on Freecyle saying have to be prepared to cut to remove. I'm sure as its Ash it will be popular.
  • Mr Thrifty
    could you recycle the tree?
    • pleasedelete
    • By pleasedelete 13th Aug 12, 1:39 PM
    • 2,044 Posts
    • 3,475 Thanks
    pleasedelete
    My 120 foot high tree fell on many neighbours gardens earlier this year. Demolished sheds and fences.

    Our insurance paid for the tree removal and disposal. Our insurance paid for our shed and contents.

    The fences were not covered by any insurance and we had to pay.

    Our neighbours garages and sheds were not covered by our insurance. They had to claim on theirs (which may have counter claimed against ours but not sure and we were told by our insurance it was none of our business).

    We paid their excesses as we felt guilty.

    Tree was listed and we had been told it couldn't be removed so all in all not too gutted.
    Last edited by pleasedelete; 13-08-2012 at 1:47 PM.
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