Neighbour cut tree roots. Tree now fell down

harveybobbles

Side of the back garden there is a large conifer tree as tall as the house. Quite mature and healthy.

Neighbour has been in the process of having new fences put up between our gardens, but to do this he has had to cut thru and remove large chunks of the tree roots for where the concrete bases of the fence will sit.

Today in this horrendous wind the conifer is now lay on its side in my back garden!!

keystone

Neighbour is responsible 100% for any damage and clear up costs.

Is it your tree? In the limit you could have the contractor done for criminal damage and the neighbour for incitement to criminal damage.

Cheers

Hintza

This could be interesting, I wonder if there is law/precedent on this or does it follow similar rules to over grown branches?

harveybobbles

The tree has been in our garden for over 30 years.

keystone

Hintza wrote: »

This could be interesting, I wonder if there is law/precedent on this or does it follow similar rules to over grown branches?

In law he can do exactly the same with roots as for overgrown branches. However if the tree falls as a result the it is his responsibility. They must have cut an awful lot of root (irresponsibly IMHO) for it to come down.

Cheers

keystone

Have you been round for a chat?

Cheers

harveybobbles

keystone wrote: »

In law he can do exactly the same with roots as for overgrown branches. However if the tree falls as a result the it is his responsibility. They must have cut an awful lot of root (irresponsibly IMHO) for it to come down.

Cheers

The roots on his side of the fence have been exposed by him/workmen and cut right UPTO the actual tree.

keystone

ake lots of pictures. ^^ would count as criminal damage if you were to press for it I'm guessing. They have totally destabilised the tree. Are you saying they have cut the roots to the boundary or have they cut them back on your land too. If so you could add trespass then if you had a mind. BTW did they indicate to you that they wanted to cut the roots before they started doing it?

Depends how far you actually want to pursue this but a chat with your solicitor in the morning might not go amiss.

Cheers

dinofabio

I would have thought they could quite reasonably remove roots within their boundary especially if they needed to put fencing in.

How many roots did they cut through? I would have thought that the roots on your side would have kept the tree stable.

However, I can understand your anger but I'm sure your neighbours didn't set out to bring your tree down - it was probably just an accident

lostinrates

I'd be terribly upset. Trees are privacy and they are meaningful.

BUT, I would also be aware what impact a dispute might have were I to sell my home in the future and how much worse it would be to live in a battle ground.

Be strong and aim for them to make good and replace the tree with my one of your choice , but a positive resolve and peaceful outcome, and make it clear every step of the way that you wish to reach amicable resolve over this.

keystone

dinofabio wrote: »

I would have thought they could quite reasonably remove roots within their boundary especially if they needed to put fencing in.

Yes of course as long as it doesn't destabilise the tree.

How many roots did they cut through? I would have thought that the roots on your side would have kept the tree stable.

A tree has roots which spread out in all directions. Thats what keeps it stable. Think of the guyropes holding up a slim radio mast. Take half of them away (which is what has happened with this tree) but all on one side and what will happen to the mast?

However, I can understand your anger but I'm sure your neighbours didn't set out to bring your tree down - it was probably just an accident

From the neighbours perspective that's absolutely correct but it doesn't absolve him of reponsibility because he employed the contractor to do work which has adversely affected the OP. The contractor should know better. In any event its an insurance chain.

Cheers