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neighbours fallen tree in my garden
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# 1
paternoster
Old 13-08-2012, 9:58 AM
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Default neighbours fallen tree in my garden

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`
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# 2
Senior Paper Monitor
Old 13-08-2012, 10:02 AM
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My recollectiion is in theory 'you have to give it back' - but if you would rather not, can I have the wood ?
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# 3
paternoster
Old 13-08-2012, 10:17 AM
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Default wood

yes you can have the wood!

it`s ash and very substantial!
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# 4
Senior Paper Monitor
Old 13-08-2012, 10:27 AM
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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 !
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Last edited by Senior Paper Monitor; 13-08-2012 at 12:03 PM.
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# 5
Misstress
Old 13-08-2012, 10:34 AM
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Put it on your local Freecycle group stating that they will need to cut it in manageable pieces to remove it.
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# 6
martinsurrey
Old 13-08-2012, 10:54 AM
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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.
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# 7
Mojisola
Old 13-08-2012, 11:01 AM
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Quote:
Originally Posted by paternoster View Post
In respect of returning wood I have seen conflicting advice about that, with some people saying I have no right to `give it back`
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!
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# 8
paternoster
Old 13-08-2012, 11:26 AM
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[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!
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# 9
Judith_W
Old 13-08-2012, 12:54 PM
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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.
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# 10
Mr Thrifty
Old 13-08-2012, 1:00 PM
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could you recycle the tree?
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# 11
pleasedelete
Old 13-08-2012, 1:39 PM
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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.
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Last edited by pleasedelete; 13-08-2012 at 1:47 PM.
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