Landscaper has damaged neighbours shed

dearface

I have a landscaper who had to remove deep roots of a hedge to allow a fence to be fitted.

In removing the roots, he cut the main trunks which were leaning over into the neighbours garden.

The trunk appears to have landed squarely on the roof of the neighbours shed. It’s an oldish shed, barely used, but is of course still the possession of the the neighbour.

The neighbour is not best pleased, and the landscaper has been in discussions with him. The neighbour has asked whether the landscapers insurance covers this, however the landscaper is adamant it wasn’t their problem (they claim the hedge, on the neighbours side, was already growing into the neighbours shed - though I don’t have photo evidence that is the case. improtant: the landscaper isn’t claiming they didn’t do it, just that it was an unavoidable consequence of the way the hedge interacted with the shed). 

I’ve asked the neighbour how I can help (the dispute is primarily between the neighbour and the landscaper, but being a good neighbour is important so i feel in part duty bound). He asked whether I could withhold payment to the landscaper when they finish. 

What are peoples thoughts on this?

How are these disputes usually arbitrated?

And, why would the landscaper be so adamant it’s not a valid insurance claim? Wouldn’t have thought it would cost him that much.

fwiw, the landscaper isn’t a cowboy and has overall many favourable reviews.

ThumbRemote

I wouldn't even have asked if I could help. The dispute isn't 'primarily' between the landscaper and the neighbour, it's entirely between them. 

But you are where you are.

However, as it's not your dispute, you really can't withhold payment. The landscaper would have a legal claim against you on that basis. Maybe ask your neighbour if they have legal expenses cover as part of their own household insurance?

born_again

 he cut the main trunks which were leaning over into the neighbours garden.

The trunk appears to have landed squarely on the roof of the neighbours shed. 

So if hedge was growing into shed is neither here or there. He caused the damage. By failure to ensure that any cuts made did not cause any damage to property.

Arunmor

Two things.

One, it sounds like your tree was possibly damaging the neighbours shed before it was taken down.

Two, has your landscaper got any tree surgeon qualifications.  To ne the trunk should have been felled in stages with the help of ropes and/or wedges?

MeteredOut

Three.

Stay out of it - let you neighbour work it out with the landscaper.

Arunmor

If I was the neighbour and the OP had hired an unqualified person to cut down a tree that was already damaging my property I wouldn't be too happy.  All fine if the landscaper takes ownership and sorts the problem or claims against his insurance but real potential for strife if the landscaper doesn't (and has no assets).

See RYLANDS V FLETCHER

MeteredOut

Arunmor said:

If I was the neighbour and the OP had hired an unqualified person to cut down a tree that was already damaging my property I wouldn't be too happy.  All fine if the landscaper takes ownership and sorts the problem or claims against his insurance but real potential for strife if the landscaper doesn't (and has no assets).

See RYLANDS V FLETCHER

Where did you get the idea that that was the case? 

Anyway, because the tree has been growing into the neighbours property, that neighbour had the right to trim any overhang. The OP had no requirement to do anything.

the_lunatic_is_in_my_head

Arunmor said:

See RYLANDS V FLETCHER

I’m not sure one knows a hedge will be mischievous? 

IvanOpinion

If a contractor at a neighbours did damage to my property, I would be expecting the neighbour to sort me out, or I would make a claim against their insurance. They can have the hassle of chasing their contractor.

Bradden

IvanOpinion said:

If a contractor at a neighbours did damage to my property, I would be expecting the neighbour to sort me out, or I would make a claim against their insurance. They can have the hassle of chasing their contractor.

That;s fine but I think the question is whether the neighbour is liable for the actions of the contractor legally.. I'm not sure they are.

MeteredOut

IvanOpinion said:

If a contractor at a neighbours did damage to my property, I would be expecting the neighbour to sort me out, or I would make a claim against their insurance. They can have the hassle of chasing their contractor.

If I was that neighbour, I would not give you any insurance details and direct you to the contractor. What’s your next move?