Neighbour has made my tree unsafe

Davesnave

Dean000000 wrote: »

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

The Arboricultural Association are experts and they disagree with you. People can decide for themselves who's most likely to be right.

OP, I think we're suggesting that the council might act on your neighbour's behalf. However, if they won't, the tree surgeon should formally advise the tree owner that it represents a safety hazard. It will then be up to the owner to decide the next move, but in the event of it falling, any damage could not then be regarded as an 'act of God' and they/their insurers would be liable. Their insurers might therefore assist, or they might not.

Either way, the tree owner could go to the other neighbour with the tree surgeon's report, explain how the action of cutting the tree has placed them in an invidious position and see if a compromise over paying for complete removal can be reached. It would be best to get three quotes first to show mitigation of costs.

If, as you suspect, the neighbour refuses to accept any responsibility, the work would be done and a claim lodged via the small claims route for a suitable contribution. If there is a professional report backed by photos it's extremely likely the judge would find in your tree owning neighbour's favour.

No one has mentioned Tree Preservation Orders. A large tree like this might have one. If it does, the whole scenario would be much easier to sort out, as indiscriminate cutting of protected trees is a criminal offence. The council will know.

Necron79

It's a tree that's probably twice the Hight of my house, it is simply huge, I'm no expert but cutting %40+ percent off one side must leave a lot of weight on the other side. I don't expect the tree is going to fall any minute but as storms are a thing I don't see it taking a huge storm to blow it over given as its now all on one side. If it was to blow over it would easily go through my neighbours house and mine.


The tree surgen qouted me £2000 to have it removed completly to ground level. I have no idea on the rates for tree surgen or even if hes any good but thats what he qouted me to have it removed.


As for the tree surgen who did the job i have no idea who did it and what they where thinking but i agree they dont seem to have done a particuarly top notch job.

As mentioned previously my neighbour can not afford the work hence the issue. not even splitting the cost. I just wanted to know what if any actions can be taken if the people who cut it refuse any responsibility for the situation and slam the door in our faces. As its not my tree or my fault im really acting as a mediator in the disbute but i do have an interest in the outcome as my house would also likely be damaged.


Good advice Davesnave I'll have a chat with the neighbours and mention about passing it to the council for investigation and that might gently help the neighbours come around to the idea of helping out.

unrecordings

There's another aspect here that you might consider, which is initially seeing if you can 'help' the neighbour who had the tree cut, and by your account they clearly seem to have been ripped off. I'm assuming the outfit who did it must (or might or won't) have liability insurance. So rather than pushing the situation into neighbour vs neighbour and fostering a bunker mentality from day one you're manoeuvring it into neighbour who had it cut vs rogue trader

Necron79

Thanks, unrecordings that's exactly the mindset I'm going to take I'm hoping to still be friends with all neighbours concerned after this. I just wanted to be clear on the legal side of things in case it all goes down hill. Plus it gives me a bit of leverage to argue that its cheaper for all involved if we all sort it out with out going to court etc. I don't know if the tree surgeon was acting under their orders or if they just left them too it and they butchered the tree. To be honest looking at the state of the tree they where probably rouge in which case chances of having liability insurance is slim.

Farway

We had a lopsided tree where I volunteer, with a TPO on it.
The TS we employed was a real qualified one and refused to remove what we wanted in entirety because it would "unbalance" the tree

So going by that I can only assume "tree surgeon" was not really one, more like jobbing rogue trader with a chainsaw

Davesnave

Necron79 wrote: »

I don't know if the tree surgeon was acting under their orders or if they just left them too it and they butchered the tree. To be honest looking at the state of the tree they where probably rouge in which case chances of having liability insurance is slim.

None of this ought to matter to the wronged neighbour. The neighbour who employed the contractor is the only one who had a contract with them. More fool them if they didn't check their credentials.

A short time ago, we had a case of a church whose contractor completely removed a neighbour's trees. The consensus was that the church had to provide restitution, then go after the contractor themselves.

Boohoo

POPPYOSCAR wrote: »

Why does your title say 'My' tree?

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

The title is very misleading to say the least.


I don't think the tree has anything to do with the OP unless the tree overhangs his/her garden.


On another issue if the tree is that big (over twice the size of the house) and so close to the house that you are worried that it may fall on your neighbours house and yours how do/did you get home insurance as you have to declare any big tree's within a certain distance of the prperty being insured.

binao

POPPYOSCAR wrote: »

There is no way this would cost £2000.

We have just had a huge tree removed for £400

Hi POPPYOSCAR
scuse moi, may I ask how "huge", and are you up north, or down south.?

Hope OP is now OK.

POPPYOSCAR

binao wrote: »

Hi POPPYOSCAR
scuse moi, may I ask how "huge", and are you up north, or down south.?

Hope OP is now OK.

Down south.

It was about 25ft high if not more.

binao

POPPYOSCAR wrote: »

Down south.

It was about 25ft high if not more.

Ta er so for info.

Cheers