Neighbour killed our tree, advise needed.

violetmva

Hi all,
Our neighbour has been asking our landlord for a couple of years to take down the tree in the back of our garden but at the same time he's been secretly killing it. I don't know how we've missed that, now looking at some pictures its visible how the damage has been growing. We had a tree surgeon coming in the end of last year and funny enough he didn't notice as well. Well finally my LL agreed to trim it and my neighbour gave a bit of money to cover the costs. This is when we noticed the damaged, but still the tree got only trimmed as there was not enough money to pay for the whole taking down. Last week my neighbor ask the tree people to return to take the tree down, this was his goal. Surprise surprise, when i returned from school run, everyone was gone and they have left the tree completely shaved of but still standing. I know the tree eventually will fall off and it could happen when my boy is playing there. our neighbour doesn't answer our calls and now i don't know what to do.
Can we make him pay for someone to come and take the whole tree down, after all he killed it and bragged about it to everyone on the street, even to the tree people who came to "take it down". I would think this process of taking the tree down would mean the whole tree being chopped up, not only the branches.

Any advise is welcome. Thank you!

Tr1pp

Your neighbour paid the tree surgeons to cut / heavily prune the tree in your landlords back garden? and the tree surgeons actually did it?!

It all falls to your landlord. you can complain to him about your neighbours actions but its up to your landlord to chase up damages.

regarding safety - why do you think it is more likely to fall over now than before? by the sounds of it the you were not concerned about it falling over when it had its branches, whats changed?.

keystone

If you really want to make a federal case of this:

1. Neighbour is up for criminal damage for "killing" the tree.

2. Neighbour is up for "incitement to criminal damage" for employing the tree surgeon to fell it.

3. Tree surgeon is up for criminal damage for felling it.

Whether you feel its all worthwhile pursuing it though is up to you and you WILL have to prove it.

Cheers

violetmva

I was told by the tree people that when the tree dries it will fall. I thought they knew best, otherwise would not be concerned. Well the first time they came they trimmed and pruned the tree so no branches were left hanging over the neighbour's garden, but his goal has always been to take it down as he says the tree's roots will damage his property - as i said the tree is in the far back and there is quite a big space between the garden and the property. the tree is eucalyptus and we were told they grow such long roots as to reach the properties. He killed for a purpose but left us with this - a dead tree.

keystone

Trouble is that as its a eucalyptus it won't die. It will resprout and regrow.

He is entitled to trim back any vegetation overhanging the boundary (ie trespassing on his land) provided that he offers what is cut back to you / your landlord as it is your / his property. You are at liberty to decline his kind offer in which case he must dispose of it himself.

He is also entitled to trim roots back to the boundary once they are shown to be causing damage (not they might, possibly at some time in the future cause damage). BUT if he destabilsies the tree in these circumstances he his liable for damage to persons or property if it falls down.

Cheers

Norman_Castle

Last week my neighbor ask the tree people to return to take the tree down,

As the tree belonged to your landlord speak to them about it. Did they know the tree surgeon was returning. Are they concerned about what has been done?

violetmva

There were no roots, only branches overhanging but this was not the problem or so we thought. You can see from the picture the damage to the tree which could only be done by trespassing in our garden. I think now he is going to sell his property and wanted this done so people would not question the tree, but it is so unfair - we only gave access the second time the tree people came as we thought it will be taken down, not left like this. By the way my neighbour is australian, so maybe he knew the tree won't die, but why damaging it? I don't know what to think, my LL will be coming over but as he is cash strapped maybe we'll have to live with this view

Tree people and surgeon were from same company but different people, maybe i am not using the terminology correctly. And yes LL knew and only agreed to pay again as neighbour said the tree had to go. He just got tired with his moaning over the years i guess.

keystone

Where's the pic please?

Cheers

violetmva

Its in post 4, can't you see?
Thank you for your input!

keystone

Errm not over 'ere it ain't I'm afraid.

Au plaisir.

Cheers

melb

X marks the spot i think