Neighbour has made my tree unsafe

Necron79

My next door neighbour has a huge 5 story high tree in their garden near their house. Their neighbour the other side asked to "Trim" the overhanging branches which they agreed to. However they literally cut every single branch off at the fence line. This huge tree is now completely bald up the middle on one side. I've spoken to a tree surgeon and they confirmed what I suspected that the tree is now unsafe and has become a hazard as it has tons of weight all on one side. The neighbour who owns the tree cant aford the cost of removal (est £2000) can she demand the neighbours who damaged it cover the cost seeing as they are the ones who made it unsafe? If so can you point me to the law that covers it. I'd like to try to mediate between then with out it going to court if possible. My only interest is due to the size of the tree if it does come down my house will also be flattened.

Ms_Chocaholic

Did the neighbour "trim" the tree themselves or did they employ a tree surgeon.

-taff

https://www.trees.org.uk/Trees.org.uk/media/Trees-org.uk/Documents/GuideToTreesAndTheLaw-Web.pdf


page two, last paragraph on left

in_my_wellies

Could the neighbour ask the neighbour who 'trimmed' it their side to 'trim' the other side to balance it up?

Davesnave

-taff wrote: »

https://www.trees.org.uk/Trees.org.uk/media/Trees-org.uk/Documents/GuideToTreesAndTheLaw-Web.pdf


page two, last paragraph on left

I think the para on the right that says the following also applies, as it's the reckless actions of the person unbalancing the tree that has made it unsafe:


"It is generally best to discuss your concerns with the tree owner beforehand, but under established ‘common law’, you should be able to prune branches and roots that grow over your boundary,with or without the owner’s consent. You also have a legal duty, however, to take ‘reasonable care’ whilst undertaking the works, and you may be liable if you damage your neighbour’s tree, or cause it to become unstable. It is therefore unwise to undertake works without first consulting an arboriculturist."


This is why the question about who did the work is important.


Maybe the neighbour's insurers might be able to assist?

-taff

I just meant the bit about maybe the council could use their discretionary powers as another avenue for the OP

If the OP makes it clear that the neighbour who cut it is going to be liable, that will either mean the neighbour will have to stump up some cash to make it safe, or they'll argue it was already unsafe and have a nice court case about it.
They could always split the costs of removal between all three of them.

Necron79

Thanks for all the help, the tree is simply huge way taller than my house so there is no way they could possibly have done it themselves. I don't know the exact details of who cut it down but I will find out I was planning on gathering information as to who is most likely liable before I speak to all the neighbours involved.

Its not possible to save the tree as their idea of "pruning" or "triming" is cutting it right back to the trunk right down the middle. If you tried to even it up all thats left is the trunk. The lower branches are easily thicker than my waist.

I belive the tree is a cedar tree.

Are you saying its possible to claim on house insurance if the tree is demed unsafe? Would it be the tree owners house insurance or the people who cut it insurance? Only asking as i know the owner does not have the money to cut it down, Its not my issue and i cant afford the total cost of removal (I was planning on offering to pay towards it as a good will gesture) and i suspect the people who caused the issue wont want to pay.

POPPYOSCAR

There is no way this would cost £2000.

We have just had a huge tree removed for £400

POPPYOSCAR

Why does your title say 'My' tree?

You then say a neighbour has cut back another neighbour's tree.

Ms_Chocaholic

Necron79 wrote: »

Thanks for all the help, the tree is simply huge way taller than my house so there is no way they could possibly have done it themselves. I don't know the exact details of who cut it down but I will find out I was planning on gathering information as to who is most likely liable before I speak to all the neighbours involved.

Its not possible to save the tree as their idea of "pruning" or "triming" is cutting it right back to the trunk right down the middle. If you tried to even it up all thats left is the trunk. The lower branches are easily thicker than my waist.

I belive the tree is a cedar tree.

Are you saying its possible to claim on house insurance if the tree is demed unsafe? Would it be the tree owners house insurance or the people who cut it insurance? Only asking as i know the owner does not have the money to cut it down, Its not my issue and i cant afford the total cost of removal (I was planning on offering to pay towards it as a good will gesture) and i suspect the people who caused the issue wont want to pay.

But surely a reputable tree surgeon wouldn't have done that to it

Dean000000

I’m no expert, but I doubt very much there is much you can do to a well established tree ‘above ground’ That would destabilise it to dangerous levels
...

Of course your ‘tree surgeon’ agrees with you....it’s in his interest to.