Tree damaging neighbour's shed.

Tree damaging neighbour's shed.

Postby badbadger » Sun Oct 14, 2012 10:01 pm

Hi,

An issue has just arisen and I was hoping for some advice/opinions on the matter.

A neighbour came over yesterday and said that a tree of mine (not very big) has grown over the fence and the branches are now leaning on the roof of his shed and damaging it. It is a tree right at the end of our garden and to be honest we hadn't noticed any problem previously as we don't use the garden much and the neighbour has never come over to ask us to trim back the branches or to allow him access to our garden so he could trim it back (the tree sits on one side of the fence and the shed the other, so he would have to come on to our land to trim). He talked to my partner as I was out at the time and she suggested that he could come into our garden to trim the branches if he so wished, but he said he wanted us to do it.

I went out today to have a look and indeed there are some branches leaning on his shed roof, and there appears to be damage to the felt around where the branches have leaned on it, and other damage elsewhere that does not appear to be caused by branches from the tree.

I guess what I am asking is if I am liable for the damage to the roof as it is my tree that has done the damage, or if the neighbour is liable for not having trimmed back the branches prior to any damage being done?

Also, the neighbour doesn't live at the house (it is let to students) so he isn't around very often. I do not really want to do what he would like and trim all the branches as then I would be doing a large job (caused by him not doing the trimming), end up with all the stuff to dispose of, and the be left liable to the roof damage as well (probably just a case of refelting), and more to the point not just the damage caused by my tree but also the other damage likely to have been caused by age and neglect as if nobody sees the other damage first then it will be assumed it was caused by the tree.

Should I wait until he next visits the house and try to agree some sort of compromise like I trim the branches and dispose of them (even though they are over his land) if he has the roof re-felted, or perhaps the other way around? Or does it appear likely I am liable for all the work as well as replacing the roof felt?

Any advice would be much appreciated.
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Re: Tree damaging neighbour's shed.

Postby despair » Sun Oct 14, 2012 10:14 pm

As its your tree no doubt planted way too close to the boundary by someone who failed to consider height and spread i think it would be neighbourly to cut back the tree branches to the boundary and ensure they are maintained in future

I have no doubt the branches may have hastened the demise of the roofing felt but age and weather plays a big part in shed roofing felt failing too
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Re: Tree damaging neighbour's shed.

Postby WILL*REMAIN*STRONG » Mon Oct 15, 2012 10:08 am

Even though your tree is growing over the boundary, you do not have to cut back for them. Although if damage has occurred, you should do the neighbourly thing and get this sorted before they try the small claims court or you really begin to fall out.

Because you didn’t know any damage was being caused, I don’t see how you can be liable for what has occurred upto them speaking to you about it. But now you know that your tree branches are causing damage to their shed roof, you should help to prevent a reoccurrence.

Try reaching a compromise with them, get the branches cut back which rub against the felt on their shed roof and dispose of them between you. You have said that the tree is not that big, so the branches can be cut up and disposed of quite easily can’t they?

If they fail to maintain their own home or inspect for damage/wear and tear, even an insurance company might not pay out if they made a claim for something. You should not be liable for something you were not aware of. But you may be liable for damage once you have been made aware.
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Re: Tree damaging neighbour's shed.

Postby Sudynim » Mon Oct 22, 2012 8:13 pm

WILL*REMAIN*STRONG wrote:Because you didn’t know any damage was being caused, I don’t see how you can be liable for what has occurred upto them speaking to you about it. But now you know that your tree branches are causing damage to their shed roof, you should help to prevent a reoccurrence.

Try reaching a compromise with them, get the branches cut back which rub against the felt on their shed roof and dispose of them between you. You have said that the tree is not that big, so the branches can be cut up and disposed of quite easily can’t they?


good advice
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Re: Tree damaging neighbour's shed.

Postby syl2 » Mon Oct 29, 2012 6:16 pm

It's bonfire night in just over a week.

Cut them off now and set light to them on November 5th. Or suggest it to his students and buy them a few fireworks and cans of lager for their trouble.
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