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  • FIRST POST
    • Mb1987
    • By Mb1987 12th Oct 18, 11:47 PM
    • 12Posts
    • 2Thanks
    Mb1987
    Cut down tree landed on neighbours land
    • #1
    • 12th Oct 18, 11:47 PM
    Cut down tree landed on neighbours land 12th Oct 18 at 11:47 PM
    Hi all and sorry this may seem long winded.

    I'm after some advice on behalf of a friend. They have recently purchased a new home and on the back garden was an ash tree (around 1.5x the size of the house)

    It was dead and rotting and was advised that it was in need of being chopped down however with the recent heavy winds a family member cut it down at the base with one cut and its landed on the farmers land directly behind their garden.

    Now next door is furious as he believed it could have landed on his house with kids inside and being friends with the farmer phoned him immediately. Now the farmer is demanding 500 and is keeping the felled wood (or he will take the matter further)

    Admittedly it wasn't their finest hour to cut the tree down in one go but they are not stupid and knew what they were doing (albeit not a professional)

    I am just wondering from a legal point of view what do they do? The farmer will not let them on the land to remove the tree, and the friend is not willing to be blackmailed. Any help or advice would be appreciated thank you
Page 2
    • Mojisola
    • By Mojisola 13th Oct 18, 5:50 PM
    • 30,123 Posts
    • 77,412 Thanks
    Mojisola
    No damage was caused to his fence or the land as the dead branches cushioned the fall and stop the trunk hitting the ground at full force.
    Originally posted by Mb1987
    There should be a bit at the base still on their own land they could attach a winch too.

    Drag it back and cut it up without stepping on farmer's land.
    Originally posted by getmore4less
    That would cause damage to the fence!
    • Davesnave
    • By Davesnave 13th Oct 18, 6:06 PM
    • 26,848 Posts
    • 96,565 Thanks
    Davesnave

    Drag it back and cut it up without stepping on farmer's land.
    Originally posted by getmore4less
    While it is possible to drop a medium sized tree over a fence from a bank without much fear of damage, it's an entirely different matter if it was then dragged back. It would lodge in the fence and the posts would rip out.

    I know this, because in the last few winters I've dropped a few dozen oak and ash trees over my own fences from the roadside bank, so far without any injury to the fence at all, barring the odd staple coming out. As the OP says, the top of the tree hits first and takes the impact while the rest of it comes down on the fencing much more gently.

    So, don't follow this uninformed advice, otherwise you will quite likely add to your problems, rather than reduce them.
    "We won't get fooled again...."
    • FreeBear
    • By FreeBear 13th Oct 18, 6:17 PM
    • 2,142 Posts
    • 2,979 Thanks
    FreeBear
    Just wondering if he's likely to be burying a dog in the field

    Bag for life anyone?
    Originally posted by Slinky
    Why keep digging up that thread ?
    Her courage will change the world.

    Treasure the moments that you have. Savour them for as long as you can for they will never come back again.
    • EachPenny
    • By EachPenny 13th Oct 18, 6:34 PM
    • 8,645 Posts
    • 23,503 Thanks
    EachPenny
    There should be a bit at the base still on their own land they could attach a winch too. (or it was not cut down at the bottom)

    Drag it back and cut it up without stepping on farmer's land.
    Originally posted by getmore4less
    That could be mildly entertaining.... If the winch breaks under the enormous strain required to move a large felled tree, and the whipback propels something at high speed through the (already angry) neighbour's window.

    Let's hope that also misses his kids. Otherwise the neighbour and the farmer will be convinced they are living next door to a reckless eejit.

    The friend has made a mistake and needs to redeem themselves by dealing with the consequences in a safe neighbourly manner. Compounding the initial fault by doing something else dangerous and causing further damage to the farmers land is not going to improve matters.
    "In the future, everyone will be rich for 15 minutes"
    • molerat
    • By molerat 13th Oct 18, 6:56 PM
    • 19,722 Posts
    • 13,921 Thanks
    molerat
    Farmers are very well practiced in claiming compensation for no damage, just ask the MOD
    https://www.helpforheroes.org.uk/give-support/donate-now/
    • Davesnave
    • By Davesnave 13th Oct 18, 7:30 PM
    • 26,848 Posts
    • 96,565 Thanks
    Davesnave
    Farmers are very well practiced in claiming compensation for no damage, just ask the MOD
    Originally posted by molerat
    Yes, the services, particularly the RAF, are very good at scaring horses and farm animals where I live, but I've no idea how many vets bills are created in the defence of the realm. It's surprising you seem to know.

    Anyway, if you feel strongly that the services are paying out unnecessarily, surely you should be making representations to them about their profligacy, rather than carping on here?
    "We won't get fooled again...."
    • Doozergirl
    • By Doozergirl 14th Oct 18, 2:41 AM
    • 26,107 Posts
    • 70,523 Thanks
    Doozergirl
    Ah, this reminds me of our next door neighbour's tree falling into our garden.

    Years later, she tells me that her hatred of us started when my husband charged her 100 to pay for (less than half) a skip and his time to cut it up. We have no real fires in this house.

    In the OP's friends' position I'd have chopped it up and retreived it whilst the farmer wasn't around

    Adding no value, but it helps to get it off your chest sometimes
    Everything that is supposed to be in heaven is already here on earth.
    • EachPenny
    • By EachPenny 14th Oct 18, 11:32 AM
    • 8,645 Posts
    • 23,503 Thanks
    EachPenny
    Years later, she tells me that her hatred of us started when my husband charged her 100 to pay for (less than half) a skip and his time to cut it up. We have no real fires in this house.
    Originally posted by Doozergirl
    Presumably your husband's hatred of the neighbour might have started when she refused to pay for his time and trouble on the basis 'no damage had been done' and it hadn't cost him anything to clear up the mess.

    (different considerations would apply if the neighbour was an established 'friend' and mutual help had become the norm, or was likely)
    "In the future, everyone will be rich for 15 minutes"
    • Doozergirl
    • By Doozergirl 14th Oct 18, 11:48 AM
    • 26,107 Posts
    • 70,523 Thanks
    Doozergirl
    Presumably your husband's hatred of the neighbour might have started when she refused to pay for his time and trouble on the basis 'no damage had been done' and it hadn't cost him anything to clear up the mess.

    (different considerations would apply if the neighbour was an established 'friend' and mutual help had become the norm, or was likely)
    Originally posted by EachPenny
    Yup, no, we didn't know her. Her house is situated a long way in front of ours and there's a tree lined boundary.

    There's no doubt it cost us more than it cost her, but he was being helpful! We even paid one of our guys to help! So yeah, I'm not a fan.

    Had the OP's friend paid to do it properly, they probably wouldn't be paying now. But they would have paid.
    Everything that is supposed to be in heaven is already here on earth.
    • Heedtheadvice
    • By Heedtheadvice 14th Oct 18, 12:08 PM
    • 1,027 Posts
    • 519 Thanks
    Heedtheadvice
    There should be a bit at the base still on their own land they could attach a winch too.
    (or it was not cut down at the bottom)

    Drag it back and cut it up without stepping on farmer's land.

    What a stupid suggestion! It ignores lots.


    EachPenny and preceding referred to posts have it spot on!
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