Bill from neighbours for tree damage

sulkisu

betsie wrote: »

Hi
Not sure if this is the right section but I just wanted some other opinions. We have some 20ft high conifers in our garden on border line with our neighbours. During the recent storm one fell into their front garden and another 2 plus a small one (4 inch diameter) were leaning over. The first we knew of this was the sound of chainsaws at 9am when they had already got a tree company in too remove the one that fell and cut down the other 2 1/2. All 4 stumps left at about 3ft high.
He told us it was a friends company. Roll on 3 wks and he gives me a bill for £700. This seems very expensive especially as our tree man we use would have charged a fraction of this priceu.
I do accept we have to pay but given the fact he gave us no option to sort it ourselves and it is a friends company can we dispute the amount.
We have not been in the house long and the neighbour does not really speak to us due to their religious beliefs.
All opinions gratefully received x

You were responsble for any damage caused by your trees to their property. However, they had no legal right to come onto your property and certainly no right to fell the remaining trees (if I have understood your post correctly). No reputable tree surgeon would have done this without the express permission of the homeowners (i.e. you). This amounts to tresspass and criminal damage (at the very least). In your shoes I would be presenting them with a bill of my own. Get some free legal advice, and do not pay them a penny (or agree to pay them anything) until you have done so. To put it bluntly, they are taking the !!!!. Don't let them.


ETA - The only justifiable excuse for doing this would be if there had been an immediate danger to life or property, and you were not available to give consent. It doesn't sound like that applied in this case.

Macadamia

The neighbors should have knocked on your door before doing anything. This would have given you a chance to ring your insurance, and they would have told you what to do. In my simple view, it’s your tree, your problem to sort out. If your neighbor chooses to commission someone with a chain saw, it’s their workman, and their bill. Maybe their insurers will pay it.
My first step would be to look out my insurance policy and call the insurers to get their advice. I know these are not the circumstances, but if a tree on your property had, say, fallen onto the neighbours’ car, the insurers would be looking at a liability claim.
(BTW – I’m intrigued – what religion says do not talk to your neighbours?)

spacey2012

Ask them to prove how they paid.
Bank statement ?
Credit card receipt ?
Cash withdrawal on bank statement ?

Linton

betsie wrote: »

Hi
Not sure if this is the right section but I just wanted some other opinions. We have some 20ft high conifers in our garden on border line with our neighbours. During the recent storm one fell into their front garden and another 2 plus a small one (4 inch diameter) were leaning over. The first we knew of this was the sound of chainsaws at 9am when they had already got a tree company in too remove the one that fell and cut down the other 2 1/2. All 4 stumps left at about 3ft high.
He told us it was a friends company. Roll on 3 wks and he gives me a bill for £700. This seems very expensive especially as our tree man we use would have charged a fraction of this priceu.
I do accept we have to pay but given the fact he gave us no option to sort it ourselves and it is a friends company can we dispute the amount.
We have not been in the house long and the neighbour does not really speak to us due to their religious beliefs.
All opinions gratefully received x

You do NOT have to pay unless there was clear negligence on your part. A tree falling down in a storm is an "Act of God" though how that will fit in with their religious beliefs I dont know.

Yorkie1

Macadamia wrote: »

The neighbors should have knocked on your door before doing anything. This would have given you a chance to ring your insurance, and they would have told you what to do. In my simple view, it’s your tree, your problem to sort out. If your neighbor chooses to commission someone with a chain saw, it’s their workman, and their bill. Maybe their insurers will pay it.
My first step would be to look out my insurance policy and call the insurers to get their advice. I know these are not the circumstances, but if a tree on your property had, say, fallen onto the neighbours’ car, the insurers would be looking at a liability claim.
(BTW – I’m intrigued – what religion says do not talk to your neighbours?)

If there was no prior indication of a problem with the OP's tree and it fell onto the neighbour's car, the OP's insurance would not be liable to pay out because there was no negligence. The neighbour would have had to claim on their own insurance.

AcidHouse

Check your household insurance policy wording for the Legal Expenses / protection cover section, give the helpline a call for some advice on this situation.

Linton

sulkisu wrote: »

You were responsble for any damage caused by your trees to their property. However, they had no legal right to come onto your property and certainly no right to fell the remaining trees (if I have understood your post correctly). No reputable tree surgeon would have done this without the express permission of the homeowners (i.e. you). This amounts to tresspass and criminal damage (at the very least). In your shoes I would be presenting them with a bill of my own. Get some free legal advice, and do not pay them a penny (or agree to pay them anything) until you have done so. To put it bluntly, they are taking the !!!!. Don't let them.


ETA - The only justifiable excuse for doing this would be if there had been an immediate danger to life or property, and you were not available to give consent. It doesn't sound like that applied in this case.

Wrong, wrong ,wrong!!! You are not responsible unless you caused the tree to fall either by action or negligent inaction.

fluffnutter

I wouldn't claim on insurance to settle a bill that probably isn't mine to pay anyway. Why risk a premium hike just to line the neighbours' pockets? Seems highly suspect to me. Why didn't they speak to you before commencing work? 'Religious views' is no reason not to talk to people. What's up with you anyway? Do you sacrifice babies or something? Out of interest, how do you know that's the reason for the lack of communication? When you moved in, did they knock the door and inform you that they wouldn't be talking to you because of their 'religious beliefs'?

kazwookie

Sounds like the 'friend' has over inflated the bill, and will split the difference with the neighbour.

I'd personally would 'see you in court' then.

My neighbours are great, came round to talk about the fence, got written quotes, agreed with me over price / day/ who would do work, it was duly done, I went round and paid my half, and discussed with him his over hanging trees, he has agreed to get them sorted in the next month or so.......

Macadamia

AcidHouse wrote: »

Check your household insurance policy wording for the Legal Expenses / protection cover section, give the helpline a call for some advice on this situation.

Now that strikes me as constructive, useful and friendly advice. And if there's no legal advice cover in place on your insurance you might have some elsewhere, maybe with professional subs, or a union membership.