Bill from neighbours for tree damage

kzzy

You have no legal obligation to pay.
He went ahead and cut the trees without forming as agreement with you first, he can't then bill you for it.

If someone came round and painted your house without you asking them and then sent you the bill, would you pay?

Your neighbour is the one who called to have the trees cut down. He is the one who entered in to the legal obligation, not you.

If he wanted you to pay then he should have left you to sort it out yourself.

Tell him you're not paying, you have no legal obligation to pay, and if they were your trees that were still standing that he had chopped down then technically he vandalised your property and you could press charges.

siware

I'd tell them to sod off (according to your religious belief)

goldtop

I would check to see if the insurance would have covered it. If it would have I would advise them that you would only have paid the excess to the insurance company and therefore would not have paid anything over that. If they try to take you then to the small claims court they would likely be rejected as it is their unpaid bill not yours.

newbs68

Anyone with a woodburning stove would have ripped your arm off to come and take it away for free. I wouldn't have paid a penny. This is clearly a case of tree surgeon and neighbour trying to pull a fast one.

sandco

Shame you've settled.

First things first your neighbours and their agents (the tree felling person) have committed the tort (civil wrong) of trespass onto your property.

Secondly criminal damage has been committed by felling the trees without your express permission.

Thirdly they have stolen your wood.

2&3 the police should have been informed of the criminal acts.


Anyone who enters my property or land, without permission, is treated as an attempted burglar until proven otherwise and I have the right as land owner to remove such persons. Obviously the postman/gas man/electric man/hmrc/ etc have legal rights to enter. I dont think that would stretch to the local religious person next door despite what their book states.

Brian_Steele

I believe that even if it is your tree, it is their insurance that would be liable for damage on their side of the boundary. If there were negligence (the trees were previously precarious, or they had raised it before) then they might have a subsequent claim against you, but certainly no right to remove them preemptively and with trespass.

Any insurer would have wanted competitive quotes or at least to take a view on the charges. Neighbourliness might have brought you to pay if consulted in advance and perhaps the best course of action would be for you to pay what is reasonable - perhaps by talking to a tree surgeon of your own choosing to ask his view.

slimmer1

A bit of legal-ese. There is a contract for work to be done either verbal of written which must be honoured providing work is of a reasonable quality. Your neighbour cannot under any circumstances (unless written authority) enter a contract against you name. He ordered the work - ergo he pays.
Now comes whether/if/how he may try to reclaim the money from you - this is a common law issue. For any judgement to be made against you, you must be proved beyond reasonable doubt to be negligent. If your trees were in 'reasonable' condition, not only does he not have a cat I h***s chance but you could counter sue for damage to your other trees. Also, whenever trees fall/ overhang other property, any wood removed remains the specific property of the tree owner and MUST be returned (or offered) to the owner. Failure to do this is THEFT!!!! Falling trees are 'an act of God' provided 'reasonable' care has been executed by the owner. At the end of the day, you will still have to live next door!!! Hope this helps.

Laurenxox

I work for an insurance company, and just FYI if the company they used to take the tree down wasnt loss adjuster approved, neither yours nor their insurance is likely to pay out.

Edit: Although approved contractors are inundated at the moment, so a lot of insurance companies have been saying, if you can get someone to do it, do it basically.

Its hard to judge with storm claims, as they are obviously fairly unforseen cirmcumstances. Although, from an insurance standing you ARE responsible for the wellbeing of the tree, to make sure it is safe and upstands any weather conditions. t's all about proving negligence, and the fact the tree fell down, could be seen as it obviously not being safe. Although, since the storms can be considered 'freak accidents' you can argue that you werent prepared. It really does depend on the quality of your insurance companies claims department. (that's if you want to make a claim).

All being said, your neighbours might actually be able to get away with this.

dlog61

Any overhanging or fallen wood cut down by a neighbour must be returned to the owner, or it is theft. :beer:

Mojisola

dlog61 wrote: »

Any overhanging or fallen wood cut down by a neighbour must be returned to the owner, or it is theft. :beer:

Must be offered to the neighbour. If the neighbour doesn't want it, you have to dispose of it.