Trouble with new neighbours

Trouble with new neighbours

Postby TIPS » Tue May 21, 2013 12:41 pm

Hi

Please advise, thank you for taking the time, REALLY appriciated.

I've recently (2 weeks) had new neighbours move in.

They had 2 trees removed from there garden (branches were hanging over my side), I gave them access to my garden to clear rubish up (some of which I still had to do myself) but said only granting access if the compensate for ANY damage caused, this was via text.

On day 2 work was complete, but inthe evening that the work was finished, I find myself with the following issues:
Broken cupboard in the garden
Broken Hamock
Damaged Gate

My neighbour is asking me to liase with the Tree Surgeon company directly.

Should I be taking this up with Surgeons or Neighbour?

Thanks in advance.


Sam
TIPS
 
Posts: 3
Joined: Tue Jul 05, 2011 10:12 am

Ads are not endorsed by www.gardenlaw.co.uk or the staff thereof and visitors should perform their own due diligence on the product or service offered.
 

Re: Trouble with new neighbours

Postby kipper » Tue May 21, 2013 12:50 pm

Your claim is against the neighbour as the tree surgeon was subcontract to them. It is they that should then be claiming from the tree surgeon.
kipper
 
Posts: 855
Joined: Wed Sep 02, 2009 8:10 pm

Re: Trouble with new neighbours

Postby Treeman » Tue May 21, 2013 6:18 pm

kipper wrote:Your claim is against the neighbour as the tree surgeon was subcontract to them. It is they that should then be claiming from the tree surgeon.



The tree surgeon isn't sub contract to any one, the person instructing the work is the client and the person undertaking the work is the contractor, if that person hands the job or a part of it to another contractor and allows them to undertake the works at their discretion then they would be a sub contractor.

The contractor owes a duty of care to his client and the client owes you a duty of care, go after the one with the most to loose and the best ability to pay.
Treeman
 
Posts: 3993
Joined: Fri Feb 25, 2005 8:02 am

Re: Trouble with new neighbours

Postby kipper » Tue May 21, 2013 10:50 pm

Should have used "under" contract, but the sentiment is the same - the OP shouldn't be doing the legwork with the tree surgeon.
kipper
 
Posts: 855
Joined: Wed Sep 02, 2009 8:10 pm

Re: Trouble with new neighbours

Postby kipper » Wed May 22, 2013 2:18 pm

Treeman wrote:the one with the most to loose and the best ability to pay.

How does the OP determine this?
ps. lose, not loose
kipper
 
Posts: 855
Joined: Wed Sep 02, 2009 8:10 pm

Re: Trouble with new neighbours

Postby Treeman » Wed May 22, 2013 5:13 pm

kipper wrote:
Treeman wrote:the one with the most to loose and the best ability to pay.

How does the OP determine this?
ps. lose, not loose



Ipad predictive is a pita but that's not the worst sit done to me by a long chalk

How to determine, well I would have a look at both parties and make my decision from that.
Treeman
 
Posts: 3993
Joined: Fri Feb 25, 2005 8:02 am


Return to Trees

Who is online

Users browsing this forum: Bing [Bot] and 3 guests