neighbour problem what to do legally

randm

the landlord of the property backing on to us has cut down a mature horse chestnut tree which was right behind our fence. he is in big problems with the council with this as he did it as he couldn't get planning permission because of it.
we now have a load of branches in our garden which are too heavy to move back over the fence, and the fence has also been broken. Our fence.
the landlord is not a nice guy so we want to do this properly. some would say just get a skip and contractors and then send the bill to him, but as i say, we want to do this properly, he would probably just ignore that.
we do not have legal cover on our buildings insurance.
where do we go from here.
thank you for any advice.

theonlywayisup

Getting a skip and giving him the bill without letting him know is definitely not the way forward.

He may not be a nice guy but that doesn't mean you need to treat him badly.

I would suggest you have a friendly word to let him know the issues and ask what he would be able to do to resolve it. He may not even know what has happened on your side of the boundary.

Southend1

I would start with a letter to the property owner setting out what the problem is and what you would like them to do to resolve it.

Southend1

randm wrote: »

we do not have legal cover on our buildings insurance.

Are you a member of a trade union? If so you may well have legal cover through their legal services dept.

-taff

Write a letter saying something along the lines of 'you may not be aware but the fence has been damaged but the tree and there are large branches in my garden. Rather than go down the legal route immediately we would like to give you the opportunity to rectify these issues first. Please could you remove the branches and either repair or replace the broken fencing before the end of the year. Thank you. etc.

theonlywayisup

-taff wrote: »

Write a letter saying something along the lines of 'you may not be aware but the fence has been damaged but the tree and there are large branches in my garden. Rather than go down the legal route immediately we would like to give you the opportunity to rectify these issues first. Please could you remove the branches and either repair or replace the broken fencing before the end of the year. Thank you. etc.

That would get my back up.

Dear X

I would like to arrange a convenient time to talk/meet with you regarding the works recently done at xxx property in relation to the trees. Unfortunately our fence has been damaged and there is some debris which we are finding difficult to remove. If you would be so kind as to contact me on xxxemail or xxxtelephone xxxmobile it would be appreciated.

Many thanks

Neighbour x

-taff

Or that way
He did say the landlord is not a nice guy, has already cut down a tree with a TPO on it, so to be honest, I don't think it matters whether he gets his back up or not, the landlord is still going to be a pain about it and I reckong the OP will end up doing a MCOL.

theonlywayisup

-taff wrote: »

Or that way
He did say the landlord is not a nice guy, has already cut down a tree with a TPO on it, so to be honest, I don't think it matters whether he gets his back up or not, the landlord is still going to be a pain about it and I reckong the OP will end up doing a MCOL.

I didn't see the TPO mention - and I still can't.

If the Landlord isn't a "nice guy" that is all the more reason to be nice. Certainly at the start of a negotiation.

Always start at the easiest point, don't play your joker on your first hand.....

-taff

The only reason a council would have a problem with someone cutting down a tree on their own land would be if there were a TPO on it.
I could be wrong though. Its not unheard of...or rare.

theonlywayisup

-taff wrote: »

The only reason a council would have a problem with someone cutting down a tree on their own land would be if there were a TPO on it.
I could be wrong though. Its not unheard of...or rare.

No, it's not unheard of.....or rare. But it's not specifically mentioned either.

It's not the only reason though.

But either way it doesn't shift the issue the OP has and [more importantly] how it is dealt with.

EssexExile

The planning permission forms usually ask if any trees need to be removed to allow the work. The usual technique is to cut them down first so you can truthfully answer "no".