Issue with neighbours tree, also damaging my property

Nicip

Last year I noticed that one of the trees in my neighbour's garden had suddenly started to slant towards my garden.  For well over 20 years it had been fine, then looked one day and it was a foot from the top of my shed, then a few days later just an inch away from it.  It had pushed through the fence panel and the trunk was now in my garden.  I spoke to my neighbour and she said that she'd take a look and get it sorted.
Roll on to storms in February - the tree was rocking vigorously back and forth, and you could see it battering into the top of my shed.  After the storms we found the walls of the she were no longer upright, one of the walls completely disconnected from the roof, and the rear of the roof was damaged.  Again I spoke ot my neighbour and asked her to have the tree taken down as it was obviously damgerous and had damaged my property.  I did also say that when I could I would take a look at the shed and hoped that I would be able to repair it myself.
I spoke to Citizen's advice who sugggested that I simply wrote to her, put it all down so she could hopefully understand my issue.  So after 11 weeks I wrote to her, requesting that she had the tree taken down and also told her that after a closer inspection I was unable to repair my shed so was asking for her to arrange for it to be repaired.  I stressed that every time winds were more than just a breeze the tree is banging into my shed which will just make it worse.
At the moment I've not heard anything from her, and I've got this feeling that she won't do anything.  It upsets me as if there was something that was causing a problem for either of my neighbours I'd get on and get is sorted.  I really didn't want it to get to the legal route - partly as there's no way I could afford it.
Does anyone have any ideas for what should be my next steps?

DB1904

If you can't afford to go legal then start by cutting back to the boundary anything overhanging.

Nicip

What's causing the problem is the actual trunk.  I've been told that whilst I could cut back any overhanging branches as it's the trunk that causing the issue it has to be my neighbour who does it els I would be damaging the health of the tree

DB1904

Nicip said:

What's causing the problem is the actual trunk.  I've been told that whilst I could cut back any overhanging branches as it's the trunk that causing the issue it has to be my neighbour who does it els I would be damaging the health of the tree

Ok, if none of the branches are touching the shed or causing damage then just leave it until the tree falls. 

I would give your neighbour written notice it's causing damage, so you can prove she was aware should it go legal. Either when you can afford to or when you want to claim for damage. 

Have you got legal protection with any insurance policies?

Mojisola

Nicip said:

What's causing the problem is the actual trunk.  I've been told that whilst I could cut back any overhanging branches as it's the trunk that causing the issue it has to be my neighbour who does it els I would be damaging the health of the tree

How healthy is the tree if it's fallen over that far?

What's probably stopping your neighbour from communicating is the cost of sorting this out. 

You shouldn't have to but, if you can afford it, offer to pay to have the tree taken down and see if the neighbour agrees.

Nicip

Yes, CA did suggest speaking to them though they might not do anything as one of the specific terms is that they will not get involved in anything that started before the commencement of the policy, and of course it just had to start in March!  I don't know if they'd be felxible at all as it is an ongoing problem.  But thought I'd give her a bit longer before I try them

Section62

Nicip said:

...I would be damaging the health of the tree

If it has fallen over so far in so little time then it is past the point where the health of the tree is a significant issue - it is dead or dying and no longer safe to be left standing... unless it was of immense historical value and professionally designed tree support was an option.

How big is the tree?  (In terms of height and diameter/girth of the trunk) and do you know what species it is?

I wouldn't ask the neighbour to arrange to repair my shed - they could get any cowboy job done.  I would get a (reasonable) quote for repairs and tell her that once she has had the tree removed you will arrange for the shed to be repaired if she agrees to pay the cost.

If she refuses to have the tree dealt with and/or pay for shed repairs, then you are unlikely to have any alternative but to go 'legal'.  Except if your home insurance covers the damage to the shed and the amount of excess and potential loss of NCD makes it viable to make an insurance claim instead.

DB1904

Nicip said:

Yes, CA did suggest speaking to them though they might not do anything as one of the specific terms is that they will not get involved in anything that started before the commencement of the policy, and of course it just had to start in March!  I don't know if they'd be felxible at all as it is an ongoing problem.  But thought I'd give her a bit longer before I try them

And that's the issue with not acting when you noticed the problem and then taking out a new policy without declaring the issue. 

Nicip

Yes, I know.  But as I've always got on well with my neighbour I hadn't expected this to happen at all .  

Ksw3

I'd ask her if you could deal with the tree yourself if it's the cost that is putting her off. 

Nicip

Ksw3 said:

I'd ask her if you could deal with the tree yourself if it's the cost that is putting her off. 

I can't afford it - she can!