Neighbour wants to hire tree prumer to cut overhanging branches and send us the bill

Debbie_Savard

OP is the neighbour from hell

poly192

. . . . . .

AndyMc.....

nickopicko wrote: »

I'm shocked to the responses, my other neighbors trees overhang into mine as well and I think they look great. Anyway, the garden is over 120+ meters (very big), the picture taken was all the way at the back. Aside from morals, (they aren't moral their selves as I've explained so I'm not going to "help them out" with the financial costs)

My question still stands, if they cut my tree branches and the tree "dries out" or dies, could I sue them for damaging the tree?

You could sue yes but would you win?

Money_maker

nickopicko wrote: »

. as I said I am sure that this tree issue is some way of causing issues between us. I think you would agree with me if I had the ability to post pics of the tree, (the overhanging branches actually partially cover an old tall brickwall church on their side aswell). Regarding "jealously", they have reported us to the council twice because we built an outlet building, and have spoke to our builders numerous times, even one of my builders told us the neighbours are jealous.

I guess the OP's building on the left with gutter is their 'outlet building'. It does seem to stand very high in comparison to the fence and rather close to it too.

Davesnave

If your tree were to die after pruning by the neighbour, or the neighbour's agent, you could take them to court for the cost of removing the tree and its replacement.

However, to win those costs, you'd need to hire an expert witness to state that the cause of death was the pruning; something that would be difficult after a hot, dry summer, or if the tree took long time to die.

Of course, the neighbour might provide their own expert with a different interpretation, especially if they were the tree surgeon employed for the job!

After hearing both sides, the judge would rule on the matter deciding who, in the balance of probability, was likely correct regarding the tree's death.

Then they'd award costs, taking into account the time of year when the work was done, the care taken to minimise damage other than stress to the tree, and the fact that pruning to the boundary is perfectly legal.

What costs might be awarded is as hard to predict as the outcome. It could be very little or nothing if photographic evidence showed that your tree had created a serious nuisance in the first place.

If you lost, you'd probably have to pay the other sides costs.

So, yes, you could sue. Win and get costs? That's a different matter!

Doozergirl

20 years in building and I don't know what an outlet building is.

Should I be jealous?

I hope it has deep foundations with that next to it.

Aylesbury_Duck

nickopicko wrote: »

I'm shocked to the responses, my other neighbors trees overhang into mine as well and I think they look great. Anyway, the garden is over 120+ meters (very big), the picture taken was all the way at the back. Aside from morals, (they aren't moral their selves as I've explained so I'm not going to "help them out" with the financial costs)

My question still stands, if they cut my tree branches and the tree "dries out" or dies, could I sue them for damaging the tree?

I'm shocked that you're shocked, after you posted the photo of the tree.

Sue away if they end up damaging your tree. I doubt you'll succeed. I have a feeling that your neighbour dispute is going to result in hideous butchery to an already monstrous tree and ongoing arguments whereas with cooperation you might end up with something more reasonable that still provides the screening you want.

martinbuckley

That is not a few branches overhanging - its more like the tree is taking over their garden. No wonder they are peeved!

If they do cut it back on their side and you leave all the branches on your side, then there is only one way the tree will fall...

Kiran

The trouble with leyllandii is they are brown underneath so there is very little cutting back than can be done. It looks as though this has been left to grow widely out of control. Unless they are regularly maintained they become a nuisance.

By the way OP who's fence line is that in the photo?

moneyistooshorttomention

I don't know what an outlet building could be in terms of someone's home. But I'm guessing it's a commercial building of some description (ie an outlet for retail stock)??

Can't say I'd fancy that thought either if I were the neighbour.

Re leylandii and I'm guessing OP is already assuming the tree will be rather brown inside - but I recall a conifer tree (of some description) my house had when I bought it. Looked okay on the surface - but as soon as I started taking a close look at it that wasnt the case. Tree was due to go anyway in my book - and was duly removed. I expect OP's real concern is that cutting back of their tree will reveal a lot of dead brown wood - rather more than "Will it keel over and die on me?".

Still think it's a blimmin' ugly tree and OP should remove it totally.