Overhanging Tree Branches Damage

CDL1994

Hi there,

My neighbour has threated to sue me over a small amount of overhanging tree branches. And by small I mean a very small amount of coverage. He claims the sap is damaging the roof of his outbuilding and plans to phone the police if its not rectified and charge me for the work to cut them back.

Does he have any grounds here? I couldn't tell you what kind of tree it is but its not very big.

glentoran99

Cut them, job done

Justagardener

Phone the police?! Sue you?! Uh ha. He can cut them off and put them back in your garden. That's about as far as he will get legally. Unless he's got untold riches and nothing better to do for the next 3 years.

sheramber

He is entitled to cut off any parts that overhang his garden as long as he gives you them back.

But it would be better for you to cut it or get it done properly as wrong cutting could damage pr kill the tree.

greyteam1959

I would love to hear the response from the local law when he phones them to complain about an overhanging tree branch.........
Probably sent out an Armed Response Team !!

Davesnave

CDL1994 wrote: »

Hi there,
Does he have any grounds here?

Yes, unfortunately for you, his grounds are next door to your grounds!

As a neighbour, he ought to speak with you civilly about any concerns he has, rather than threatening the Spanish inquisition.


Was this the first contact he had with you on the subject? If it was, I don't think you should be overly compliant and cut the tree back immediately, because if you do, he will soon find something else to bully you about.

If it were me, I'd drop him a polite note, saying when I intended to cut the tree back, which would be in around 2 or 3 weeks, weather permitting. If necessary, I would add that I might need access to his garden for this purpose. In the meantime, if any legal action or cutting of the tree by a third party were to occur, my offer would be withdrawn.

Of course, he won't do anything legal, and his threat to involve the police shows that he is not entirely on the planet, but who knows, he may be on medication or suffering a mental health issue, so it's best to play safe.

Badrick

greyteam1959 wrote: »

I would love to hear the response from the local law when he phones them to complain about an overhanging tree branch.........
Probably sent out an Armed Response Team !!

Naw, it's obviously a job for Special Branch.

McKneff

Well, I will bough to your superior knowledge.:D:D

glasgowdan

Davesnave wrote: »

Was this the first contact he had with you on the subject? If .

Sounds like this isn't the first contact to me

Davesnave

glasgowdan wrote: »

Sounds like this isn't the first contact to me

Indeed.


https://forums.moneysavingexpert.com/discussion/5823743/neighbour-dispute-diy-building-damage


Seems like the OP has had good advice . Basically it amounts to: 'Don't be a wimp; stand up to this neighbour or they will make your life hell.'



I would add: Don't get into any disputes with them either, which may just give them exactly what they want. Some personality types love an ongoing argument. Ignoring them is usually the best policy, as they will assume you don't think they're 'worth' your trouble, which is spot-on. They aren't.

Steve_xx

As others have said, he will be entitled to lop off any branches that overhang his property and he must return those lopped branches to you.

The police will not be interested, as this is a civil matter. They will not attend.

Your neighbour is unlikely to sue as the cost would be prohibitive and in reality there may be nothing to sue about. However, I note your mention of damage to a roof of outbuildings. I would suggest that you elicit further information from him about this damage. If your tree has caused damage to his roof, then yes, you may be liable to put that damage right. However, I suspect that what you said was "damage" is probably no more than the sap being deposited onto his roof. There mere deposition of sap does not constitute damage as such.

I would not be overly concerned about this. I'd be more concerned if the neighbour was saying that roots from your tree were causing underground damage to his drains!