Compensation from tree surgeon

Wotsit123

Hi, 
I employed a tree surgeon a few months ago to cut overhanging leylandii branches from neighbour’s garden. Tree surgeon cut a couple of feet too far resulting in neighbour being very unhappy and reporting us to the police. Tree surgeon denies cutting further then fence line but he did. Neighbours say we should claim of their public liability insurance and they want compensation of us (they don’t want to claim off tree surgeon). How can we go about making a claim against the tree surgeon and what would be the costs for us? We haven’t got much money so can’t afford going to court or employing a solicitor. 

[Deleted User]

Wotsit123 said:

Hi, 
I employed a tree surgeon a few months ago to cut overhanging leylandii branches from neighbour’s garden. Tree surgeon cut a couple of feet too far resulting in neighbour being very unhappy and reporting us to the police. Tree surgeon denies cutting further then fence line but he did. Neighbours say we should claim of their public liability insurance and they want compensation of us (they don’t want to claim off tree surgeon). How can we go about making a claim against the tree surgeon and what would be the costs for us? We haven’t got much money so can’t afford going to court or employing a solicitor. 

 you don't have an issue to claim against. Neighbours tree, they are unhappy and want compensation, they claim 

davidmcn

I can't see you've suffered a loss (and I'm not sure the neighbour has either) - what would you be claiming for? Why were the police involved?

daveyjp

By the time they have fought for compensation the Leylandii will have grown back.

IvanOpinion

Who owns the trees were you trimming part of your neighbours trees, or were you trimming your own trees back?

Either way I would tell the neighbour to stop being such a baby.  Tell him if he has an issue and is so desperate to jump on the compo wagon then he should quantify his losses and take it up with the tree surgeon.

Mickey666

_shel said:

Wotsit123 said:

Hi, 
I employed a tree surgeon a few months ago to cut overhanging leylandii branches from neighbour’s garden. Tree surgeon cut a couple of feet too far resulting in neighbour being very unhappy and reporting us to the police. Tree surgeon denies cutting further then fence line but he did. Neighbours say we should claim of their public liability insurance and they want compensation of us (they don’t want to claim off tree surgeon). How can we go about making a claim against the tree surgeon and what would be the costs for us? We haven’t got much money so can’t afford going to court or employing a solicitor. 

 you don't have an issue to claim against. Neighbours tree, they are unhappy and want compensation, they claim 

True, but the tree surgeon was acting on behalf of the OP so the neighbour's claim will likely be against the OP, not the tree surgeon.  IF the neighbour sues the OP for damages (criminal damage perhaps?) then the OP would claim against the tree surgeon for their damages (ie the neighbour's claim) on the basis that they didn't follow the OPs instruction to cut back the 'overhanging' branches.

So if I was the OP I would simply sit back and wait and see what action the neighbour decides to take.

When tempers have cooled down a bit the neighbours might realise the essential uselessness of going legal.  Their loss is trivial and by the time it comes to court the leylandii will have grown back anyway . . . . and will probably be overhanging the OPs fence again!

Wotsit123

Thanks. This has been going on for 5 months of neighbours sending emails and us replying. Police said criminal damage occurred as parts of branches were but on their side but said we should try to sort it between us and got us to sign a document to confirm we will try our best to reach a compromise. We’re now going into mediation but at a cost of £200 a session it’s already going to be so expensive. Neighbours are claiming for criminal damage to their property. Leylandii of course still growing just not much on our side which was the point of getting them cut but never realised before neighbour commissioned a report from another tree surgeon that some branches were cut couple of feet over the fence. Neighbour is not taking a no for an answer and won’t back down until they receive some sort of compensation. They suggested a few thousand pounds before, eventually wanting to settle on £1200 but it still feels ridiculous especially as trees are fine and from their side they can’t even see any change as everything was cut on our side of the fence. 

davidmcn

Where's the criminal intent required to constitute criminal damage? Where are they getting £1200 from? Is it even clear that the tree surgeon didn't do what they were asked to? Is everybody certain exactly where the boundary really is?

Wotsit123

This is what the conifers look like after cutting, they are already growing so close to fence and pushing on it so it bows. 

Wotsit123

davidmcn said:

Where's the criminal intent required to constitute criminal damage? Where are they getting £1200 from? Is it even clear that the tree surgeon didn't do what they were asked to? Is everybody certain exactly where the boundary really is?

No criminal intent. Just saying what police established by speaking to us and looking at photos of trees taken by neighbours. 

1200 would be cost of replacement trees. 

Tree surgeon says it wasn’t him, that he cut only to fence but it’s not true.
Boundary was moved years ago by 2 feet because of growing conifers but it wasn’t us but previous owners. Apparently police don’t get involved in boundaries so didn’t take that into consideration. 

pinkshoes

Wotsit123 said:

davidmcn said:

Where's the criminal intent required to constitute criminal damage? Where are they getting £1200 from? Is it even clear that the tree surgeon didn't do what they were asked to? Is everybody certain exactly where the boundary really is?

No criminal intent. Just saying what police established by speaking to us and looking at photos of trees taken by neighbours. 

1200 would be cost of replacement trees. 

Tree surgeon says it wasn’t him, that he cut only to fence but it’s not true.
Boundary was moved years ago by 2 feet because of growing conifers but it wasn’t us but previous owners. Apparently police don’t get involved in boundaries so didn’t take that into consideration. 

The boundary bit... moved 2 feet further into your property due to the trees? So in actual fact the tree surgeon could have only cut the trees back to the original boundary line?

Or counter sue for damage to your fence caused by failing to maintain their tree?