Neighbour wanting to sue me!

Re: Neighbour wanting to sue me!

Postby TO » Wed Apr 24, 2013 7:10 pm

Hi

Offer nothing, admit to nothing. It is for your neighbour to prove their case. You have done right in asking to see their evidence. They will have to provide this if they are going to Court. If they don't provide it, and are not prepared to discuss it then they probably don't have it, hence the continuing bluster.

TO
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Re: Neighbour wanting to sue me!

Postby Jordie » Thu Apr 25, 2013 11:24 am

TO wrote:Hi

Offer nothing, admit to nothing. It is for your neighbour to prove their case. You have done right in asking to see their evidence. They will have to provide this if they are going to Court. If they don't provide it, and are not prepared to discuss it then they probably don't have it, hence the continuing bluster.

TO


That was the same advice given by a friend with some knowledge of law and the courts. So I guess I will have to wain and see what his next move is...
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Re: Neighbour wanting to sue me!

Postby Jordie » Thu May 30, 2013 5:47 pm

Hi All

Some further developments, I have received three photos and a "witness" statement from the contractor who replaced the trees 2 months after the wall was built. I am unaware as to whether he is a tree surgeon/arborist and whether I can put his details or the company name here...
[imgImage[/img]

[imgImage][/img]

[imgImage[/img]

To my untrained eye all the pictures seem to show is a few trees leaning over which could easily have been replanted and roots of one tree cutofrom my side.


The text of the witness statement is as follows:

You have asked to comment on what I found at your property when I came to quote for you back in February of this year.

You asked me to look at the conifer hedge to the left hand side of your property. I found a conifer hedge about 180cm to 200cm tall next to a new wall.

From the way the trees were leaning I would have said that most of the trees had either been pulled out or have had there roots cut so that the new wall could have been built.

They had then been re-planted. It is therefore my opinion that the conifers, if left, would have died due to this.

After quoting for a new laurel hedge you also asked for a quote on a 6 ft fence. We fitted both in late February for you.



Any helpful advice/comments would be greatful ie does he have a case, should I pay up full amount of £360 etc

Thanks in advance
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Re: Neighbour wanting to sue me!

Postby TO » Thu May 30, 2013 8:25 pm

Hi

I'd keep my money in my bank account.

TO
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Re: Neighbour wanting to sue me!

Postby Jordie » Mon Jun 03, 2013 12:01 am

Have had a meeting with the neighbour who isn't budging on having me pay! He does insist that the witness statement is from a professional tree surgeon. To prevent further escalation I offered half ie£180 but he insisted no less than £250.

I have until Wednesday to decide otherwise he will pursue it via small claims court.

I am inclined to accept as I may have to pay a lot more via court. Any helpful comments/advice PLEASE? Will be greatly appreciated as I am at my wits end with this! Thanks in advance. J
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Re: Neighbour wanting to sue me!

Postby despair » Mon Jun 03, 2013 8:07 am

personally I would refuse to pay or send him a cheque for half and say that's it
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Re: Neighbour wanting to sue me!

Postby catapult1 » Mon Jun 03, 2013 9:39 am

Have you looked to see what business the whitness has? Does his business say they are tree surgeons?

Is the 'ditch' area in the picture your side or his? Is the fence behind the trees yours or his?

He is banking on you not wanting to go to court and pay whatever he wants. By negotiating now he (thinks) he has the upper hand and that by negotiating you hve admitted you are in the wrong.

If you are prepared to admit you are in the wrong then pay the whole lot. If not then cost out how much 4 conifers would cost to buy and plant and offer that much. Any more and he is taking you for a mug.
My answers are not of a legal nature, only what I consider to be common sense.
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Re: Neighbour wanting to sue me!

Postby catapult1 » Mon Jun 03, 2013 9:40 am

Have you looked to see what business the whitness has? Does his business say they are tree surgeons?

Is the 'ditch' area in the picture your side or his? Is the fence behind the trees yours or his?

He is banking on you not wanting to go to court and pay whatever he wants. By negotiating now he (thinks) he has the upper hand and that by negotiating you hve admitted you are in the wrong.

If you are prepared to admit you are in the wrong then pay the whole lot. If not then cost out how much 4 conifers would cost to buy and plant and offer that much. Any more and he is taking you for a mug.
My answers are not of a legal nature, only what I consider to be common sense.
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Re: Neighbour wanting to sue me!

Postby kipper » Mon Jun 03, 2013 1:09 pm

The addition of the photos is helpful. You had the right to remove roots trespassing on your land in order to build the wall. If the trees could not support themselves correctly without the trespass that is his problem for planting too close to the boundary. Offer nothing.
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Re: Neighbour wanting to sue me!

Postby Jordie » Tue Jun 04, 2013 5:38 pm

catapult1 wrote:Have you looked to see what business the whitness has? Does his business say they are tree surgeons?

Is the 'ditch' area in the picture your side or his? Is the fence behind the trees yours or his?

He is banking on you not wanting to go to court and pay whatever he wants. By negotiating now he (thinks) he has the upper hand and that by negotiating you hve admitted you are in the wrong.

If you are prepared to admit you are in the wrong then pay the whole lot. If not then cost out how much 4 conifers would cost to buy and plant and offer that much. Any more and he is taking you for a mug.


I rang the guy from Plan2Plant Ltd, who confirmed he is neither a tree surgeon or an arborist. His words were, "we just plant things we dont cut them down"

Two of the pictures taken were from my side. That "ditch" was actually the foundations for my wall. Also the other trees ie non-fir trees have survived and are still there,
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Re: Neighbour wanting to sue me!

Postby Jordie » Tue Jun 04, 2013 6:42 pm

[img][IMG]http://i1021.photobucket.com/albums/af331/asif_hsn/Woodstockpic4.jpg[/img][/img]

Thats what he has planted to replace the fir trees.

[img][IMG]http://i1021.photobucket.com/albums/af331/asif_hsn/Woodstockpic5-1.jpg[/img][/img]

This photo shows that the larger trees (non-firs) survived and are still intact.
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Re: Neighbour wanting to sue me!

Postby despair » Tue Jun 04, 2013 7:12 pm

The old fir trees were ckearly scrappy no wonder they keeled over He has now planted laurels way way too close to the fence that will be all over your side in a few years
No attention has been taken to height and spread in 10 years info
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Re: Neighbour wanting to sue me!

Postby catapult1 » Tue Jun 04, 2013 8:22 pm

Probably a bit late now but I would see if you can put in a root guard along the boundry to stop the roots going your side.

I would not be offering him anything. Let him bluster all he likes. As I said earlier by trying to negotiate a reduced payoff he has assumed you have taken responsibility and will demand full payment.

As an aside I would get hold of a saw and take down the overhang on my side. Keep it trimmed :)
My answers are not of a legal nature, only what I consider to be common sense.
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Re: Neighbour wanting to sue me!

Postby despair » Tue Jun 04, 2013 9:06 pm

I agree a root guard is an excellent idea

Laurels are very thirsty creatures
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Re: Neighbour wanting to sue me!

Postby Treeman » Tue Jun 04, 2013 10:13 pm

despair wrote:I agree a root guard is an excellent idea

Laurels are very thirsty creatures


Where do you get that from?

Its not a massive plant so the leaf count is less than most. As an evergreen they don't have to make a complete new set of leaves each year meaning a net saving in water, the leaves it makes have a waxy top coat meaning less unwanted transpiration so taken as a whole it demonstrates good water management.

What's your evidence and source?
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