Liabilities/responsibility for trees on your property - neighbour damage

armchaireconomist

If the gutter and downpipe is on your land just threaten to rip it off.


Make sure to mention you've CCTV and if he (or any workmen) tries to access it you'll prosecute.

lincroft1710

OP I am appalled by your attitude and lack of good neighbourliness. You should be maintaining constant vigilance and immediately reporting any apparent defect, however minor, on any of your neighbours' properties that is visible to the naked eye from a distance of 5 cm.

You should also take action regarding your Silver Birch, its leaves are obviously far too heavy if they can cause a guttering to collapse.

Reue

All these replies talking about threatening legal action etc are jumping the gun a bit imo.

What do your deeds say about allowing access for inspection/maintenance?

You mention that the water is coming down and hitting the paving below. Is this in your garden and thus your paving?

FBaby

So he's freaking out and looking to blame someone because it's easier to do so. Bad attitude, especially considering you've just moved in. However, no point in firing back, who knows, maybe one day you might end up good neighbours and he might do you a favour.

How about writing back stating that you understand that this discovery has come as a shock to him and you hope it can be sorted without too much hassle, however, you cannot be considered responsible in any way for this outcome. Say that you are prepared to discuss access to the wall if required, but won't be involved in the matter.

Lespaul1960

I agree with the above poster, it sounds like a pragmatic approach to me.

Rosemary7391

Yes, just remember you'll have to live next door to them, and they might just want to come into your garden occasionally to inspect their guttering... Obviously nip any thoughts of you paying in the bud, but you should both accommodate each other. Offer to let them into your garden once in a while to inspect now that you're the new owner. That's as much as is needed from you.

Tygermoth

The neighbor called round this morning. Seems to have a 'cunning plan' to save they paying anything - They have advised that the tree is causing a problem (laid it on rather thick - blocking light/leaves everywhere/noise in the wind and so on) and they would like us to cut it back.

Advised we are happy to do this in fact we have already contacted a tree surgeon to come out and look with an appointment next week. (mainly as we want advice on the roots and impacting the neighbors house as well as the car park it sits beside, though we ARE looking to get it thinned out)

The neighbor then said 'well while they are up there they can clean out the guttering and pop it back on its footing, i doubt they will charge for that, jobs a goodun - glad this has been resolved' turning on his heel to leave.

I said i very much doubt it. They will want paying for any service and i will not look to be covering it. I would be happy to drop any quote round to them.

He just gave me a nasty look and asked to speak to the man of the house. I gave him just a firm look and advised i WAS the man of the house.

He left at that point.

da_rule

Something else to bear in mind is that you have no duty to cut back branches that overhang a boundary. Your neighbour is entitled to cut them back to the boundary line (at their cost). You also retain ownership of the cut branches so the. should be returned to you.

Also, if any part of the branches are hanging over the roof (and therefore the boundary) your tree surgeon will have to be careful that when they cut them back they don't fall and damage the roof. Sounds like you're going for a professional so this probably won't be a problem,

Rosemary7391

Tygermoth wrote: »

He just gave me a nasty look and asked to speak to the man of the house. I gave him just a firm look and advised i WAS the man of the house.

he left at that point.

Ouch! Way to encourage good neighbourly relations... Have you thought about what you'll do if he asks to come round and sort his guttering himself? I don't think it'd be reasonable to refuse him access full stop, but I'd be pretty unhappy at having him around if he carries on like that.

Tygermoth

He's quite welcome, it was all polite up to that point. I have no intention in being obstructional. I just am not looking to pay for the upkeep of his property. As an older gent i cant see him wanting to scale a ladder three storeys high to tinker with the guttering.