Conifers blocking light....

Mojisola

pimento wrote: »

If I were the neighbour and I owned some trees that might fall onto my neighbours extension (as stated by the OP) and that I would be liable for any damage (as it were my trees that would cause the damage), would I want to limit my exposure to any possible monetary loss?

If my trees fell because the neighbour's building works had destabilised them, the neighbour would be responsible for any damage and would need to replace my trees.

If my trees fell on the neighbour's extension for any other reason, the neighbour would have to show that I had known they were in a dangerous state and didn't act to remedy the solution - almost impossible to prove.

pimento

Mojisola wrote: »

If my trees fell on the neighbour's extension for any other reason, the neighbour would have to show that I had known they were in a dangerous state and didn't act to remedy the solution - almost impossible to prove.

So I could have told the postman that I hadn't seen the trip hazard in my block paving and told him to do one?

I doubt it.

Hintza

pimento wrote: »

So I could have told the postman that I hadn't seen the trip hazard in my block paving and told him to do one?

I doubt it.

Totally different.

pimento

Why is it different?

Keelyjo1

Thanks to you all for your help and advice.

Just to be clear, I am not thinking about sabotaging the trees.... Just want to get rid of them and given that there is unlikely to be any goodwill offered to us, looking for some legal rights that we can rely on.

The trees are about 1m from the existing garage. This is being knocked down to make way for the new extension. This incidentally is being built further from the boundary (to avoid the tree's root protection area) so will be about 2-3m from the trees.

When the arboriculturist report told me the tree species I phoned my insurance company and they advised that the neighbour would be liable. I spoke to the neighbour to make them aware of the risk....the trees are as near to our house as well as theirs, and asked to see that adequate buildings insurance is in place (a reasonable request I thought?). They point blankly said no, a contract with the insurance company and themselves is a private matter! They are in any case aware of the risks and their subsequent liability.

I did not pursue the matter for fear of aggravating the situation.... They were particularly vocal during our planning permission application and yes, they will be watching the trees like a hawk. But taking the arboriculturists/planning officers advice, we will be protecting the trees so I would like to think that were any damage sustained it would be difficult to pin it on us....at least we took reasonable precautions to avoid.

The trees do offer screening to the opposed extension and therefore I am sympathetic to the neighbours point of view. They do however block out light and pose a future risk to the building.

Reviewing the matter again, I wonder whether we can utilise the high hedges legislation. Between the 2 conifers is a yew. This was actually reduced in height last year (it was blocking out light falling on the neighbours magnolia) but still over 2 m high. I wonder therefore whether this would constitute a hedge....

I am nervous about approaching the neighbours again.... The building work is due to start and I know that regardless of how nice and reasonable I am, or indeed how much i'm willing to fork out, will not listen. I am keen to get all the niggly things sorted and rather than have another falling out in a few months time (they incidentally have to sort the fence out which is falling down) when they are even more annoyed at us.

I would point out....we are not neighbours from hell. When designing our extension (single storey extension 2-3m from the boundary), we consulted with the neighbours for 6 months (!) to come up with a design that had minimal impact on them. Despite getting their "approval" they complained to the council and delayed our planning application forcing us to make changes that previously they were happy with. As far as we are concerned we have therefore done the right thing and set the scene for amicable neighbourly relations.

Sorry for the essay....it's good to get things off my chest!!!

poppellerant

Tree Stump Killer

Meant in humour, of course.

olly300

While hindsight is a wonderful thing you should have got the trees dealt with first before planning and building the extension.

Hintza

olly300 wrote: »

While hindsight is a wonderful thing you should have got the trees dealt with first before planning and building the extension.

From what the OP says, the trees have been dealt with in the planning application (evidenced by the fact they had to get an arboriculturist report).

Is it too much to suggest the trees might have a preservation order on them?

Mojisola

pimento wrote: »

So I could have told the postman that I hadn't seen the trip hazard in my block paving and told him to do one?

As Hintza says, that's different because you would be expected to notice the hazard.

If the OP's neighbours' trees were in a dangerous state that could be easily observed (diseased, leaning, big branches had previously fallen off) then they would be liable for any damage caused by them. If the trees looked fine outwardly and something unexpected happened, they wouldn't be liable.

It is sad when neighbours can't get on and I would always try to accommodate mine if something in my garden was bothering them. If one of them "asked me to cut my trees down" rather than entering into a friendly discussion, I probably wouldn't react well. If they then wanted to see my house insurance paperwork, relations would definitely go downhill!

cyclonebri1

Mojisola wrote: »

As Hintza says, that's different because you would be expected to notice the hazard.

If the OP's neighbours' trees were in a dangerous state that could be easily observed (diseased, leaning, big branches had previously fallen off) then they would be liable for any damage caused by them. If the trees looked fine outwardly and something unexpected happened, they wouldn't be liable.

It is sad when neighbours can't get on and I would always try to accommodate mine if something in my garden was bothering them. If one of them "asked me to cut my trees down" rather than entering into a friendly discussion, I probably wouldn't react well. If they then wanted to see my house insurance paperwork, relations would definitely go downhill!

Yes, it really has to work that way, just look at how many people move due to issues with their neighbours:(:(:(sad.

The fact that the next doors don't even realise the risk to their own property is pure ignorance, and so is the attitude they are showing.

But, it appears to have gone too far to expect any sensible "deal" with them.
Only thing I would say is, (and this falls inline with the earlier post of mojisola about insurance etc), keep a very accurate record and written word of any dealings and conversations you have with them.
I'd be putting anything you need to converse with them in writing and sending it recorded, filing the stubs.

I do think that this should have been dealt with at a much earlier stage though, so the OP has to expect some sort of adverse reaction. Sorry OP if you did, but most turn to mse after the fact rather than asking how to approach the issue before it actually becomes one.;);)