Neighbour's dead tree

Big_Bird_4

There's a very large, very dead tree in our neighbour's garden which is starting to worry us. The branches are now brittle and bits of the tree have been falling into our garden where young children play. It's also covered in ivy which catches the wind and I think it's only a matter of time before the whole thing comes down.

The tree is nearer to our house than our neighbour's and he's said he's not worried about it and is not prepared to pay to have the tree chopped down.

Nice eh?

So my question is, what do we do?

Solomon_Broad

All you can do legally is cut off the parts that overhang your boundary, and then give them back to your neighbour, as you are legally required to do.

emmaroids

whos property is it on??
its there responsibility and they must take action to have it removed/made safe or they will be liable.

edit: i recomend ringing your local council and reporting it then if anything did hapen you would be covered as it has been reported and will be on record,.

Jono

I would contact the council and get the local tree officer to take a look. There will be a legal requirement not to have a dangerous tree, but it may depend where it is (i.e. can it fall on a road). I know a tree can be taken down without permission if it is in a dangerous condition.

Big_Bird_4

emmaroids wrote: »

whos property is it on??
its there responsibility and they must take action to have it removed/made safe or they will be liable.

edit: i recomend ringing your local council and reporting it then if anything did hapen you would be covered as it has been reported and will be on record,.

It's on their property. But they are not interested in sorting it because its right down the bottom of their garden in an area they seldom use.
The fact that it overhangs our smaller garden which is frequently full of young children doesn't seem to bother them.

Can the Council do anything, do you think?

Jono

I would think so. If the tree is dangerous (and i think the tree officer will be the only person who can say this - they will be an "expert"), they can "order" it to be sorted out (possibly cut down).
If the land owner won't do this, then the council may and put a "charge" on their property for the cost of the work.
Which council area are you in?

Jono

Here's a couple of web pages i've found:

http://www.adviceguide.org.uk/index/family_parent/housing/neighbour_disputes.htm
http://www.bromley.gov.uk/environment/conservation/trees/trees_faq.htm
http://www.flintshire.gov.uk/webcont/newrealweb.nsf/vwa_docref/JPUL63SFV4

Looks like the council have the power.

Big_Bird_4

Thanks Jono that's really helpful. I'll give the council a call when I'm not at work and see what they say.
I just hope neighbour doesn't get wound up about it.

Kay_Peel

A council will only usually get involved when there is evidence that you have tried to resolve things with your neighbour first. The best thing to do is to write your neighbour a letter putting all your concerns to him/her (about fears for children's safety, chickens, damage to your property) and ask him to respond to you within 7 days.

Say something along the lines of:
- did not want to be so formal but you have to try and impress on him/her how threatened you feel
- the limbs of the tree and branches falling onto your garden, underlining that it is a hazard
- believe that tree poses threat to your property, livestock, visitors and children
- concerned that if tree or part of tree falls that his insurance company would deny the claim since he has not exercised due care by responding to your first approach
- that you would not forgive him and would take the matter further should one of your children or animals suffer as a result of his negligence.

Strong words, I know, but your neighbour needs a boot up the a***. How dare he ignore your justified fears for your house, your animals and the people who live there!

Kay

Big_Bird_4

Thanks Kay. I might try that.

paddy's_mum

Absolutely agree with Kay Peel over this one, and I do happen to know just a little bit about such things.

Make sure that any letter you write to your neighbour is clearly dated and sent Recorded delivery. Keep copies/records of everything you write or say to one another. The letter is putting your neighbour 'on notice' of the risk that he is taking and that you will, if necessary, take action against him yourself.

Go out, TODAY, and take date verified photographs of the tree, your shed, your childrens play area - perhaps holding up a copy of today's newspaper with a headline clearly visible in the photographs. The pics will become part of your evidence.

In your very polite letter, tell your neighbour that he has 7 days to reply to you with his proposals to abate the nuisance and that if he does not reply, you will give him 28 days notice to remove the tree or you will pay someone professional to do it. You will then be taking action against him to recover the costs through the Small Claims Court - and I think it highly likely that you will win if the tree is obviously as dead as a dodo!

You are not permitted to just throw over the fence any bits of branch that may fall off into your garden. To do so, despite what so many people seem to believe, is flytipping and it is actionable through the courts.

You are however obliged to offer the arisings to the neighbour but if they decline, the burden is on you to dispose of them.

You may care to go to https://www.gardenlaw.co.uk for further advice. There are several professional arboriculturalists/tree surgeons on there who are generally very good at giving you specific information. Hope that all helps and good luck with getting rid of a potential nightmare situation.