Housing Association Cut down Tree

carl_825

Hi,


I am looking for some advice regarding the title thread - I arrived home last Thursday evening and noticed the HA had cut down a Wisteria Tree on the Boundary of my property (They clarified they did do it) It was on the other side of my fence, had been there for 8 years and was also overganging the path so these points I get, but my house is not
a HA, I am the owner, some in the area are HA, Having spoken to the HA as to why they have done this without consulting me they said it was health and safety issue and they are responsible for all bushes etc down my street!
They also damaged my fence pane in doing so and said it would be looked at yesterday but as yet have not heard back from them.


Can I do anything on this?

martinthebandit

Plant your own tree on your own side of the fence perhaps?

carl_825

Cheers for that Smart !!!!

GrumpyDil

Not too sure what you are expecting about the tree. If it was on land they own/manage then entirely up to them to remove it, unless subject to a TPO.

As regards fence keep on at them as clearly if they damaged it they need to fix the damage

martinthebandit

Just be aware though that if it's growing in your garden it becomes your responsibility to ensure that it's not causing a hazard.

So instead of the HA sorting it for you for free you would had to do it yourself or pay someone else to do it.

carl_825

The Tree was against my fence, I would assume they own the path adjacent to it but its not on the path
only overhangs it.

pimento

If your fence is on your boundary and the wisteria was the other side of your fence then it wasn't on your property.

Or am I missing something?

eddddy

You need to be a little clearer.

Do you believe that the tree was on your property, and therefore belonged to you?

If so, they shouldn't have cut it down.

But if it wasn't on your property, there's nothing you can do.

You believe that the fence belongs to you, and that the HA's workers damaged it.

So, if the fence belongs to you, the HA have to make good the damage

If the fence doesn't belong to you, you have no right to insist they repair it.

carl_825

The fence is mine......there is approx 300mm gravel trap after the fence then the path.


The tree was in the gravel trap area growing up against my fence.


I maintain / replace the gravel trap.

G_M

With regards the wisteria, you have avoided the question which is the key to this:

Who owns the land on which the wisteria was planted?

Not: who owns the fence?
Not: who maintains tha gravel?
Not: whose fence does it grow against?

But who owns the actual land where the wisteria enters the ground? (or exits!). That determines who owns the wisteria, and therefore who has the right to remove it.

The fence issue is clearer:
* you own it
* they damaged it
* they've agreed to look at the damage
* make sure they look, and then agree with them
i) what damage was done (ignoring any pre-existing damage or wear & tear)
ii) whether they will repairor
iii) whether you you need to get a contractors quote and get them to pay

PasturesNew

You have absolutely no say in a neighbour cutting down a tree that's on their land. My neighbour cut down a HUGE tree, I was glad - I had no notice, no warning, it just happened (I was so pleased).

Damaging your fence, however, is something they should put right.