Dangerous trees

Dangerous trees

Postby krispix » Mon Oct 28, 2013 5:40 pm

My neighbour is a large organisation (who shall remain nameless) their property that boundaries mine is derelict, unkempt and used as an illegal tip. There are three trees which I consider dangerous. An Oak which overhangs considerably and has already deposited a very large branch in my garden. A diseased Horsechestnut that is constantly dropping large volumes of chestnuts, leaves and branches on my garage roof, and a dead Larch which is leaning precariously towards my garage.
I have written to my neighbour several times, but my letters go unanswered. I have attempted to phone them but cannot find out who is responsible - I just get fobbed of from one person to another and promises of, 'We'll phone you back'
To add to this the volume of undergrowth and detritus is rotting the gravel-boards of my fence and weeds are invading my garden.
I don't want to sue them, but I will if I have to.
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Re: Dangerous trees

Postby MacadamB53 » Wed Oct 30, 2013 10:32 pm

Hi krispix,

This might sound daft, but just to be clear could you explain the nature of your correspondence to your neighbour?

You've outlined the problems you're facing but have not mentioned what you are wanting done about them or by whom.

Kind regards, Mac
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Re: Dangerous trees

Postby krispix » Wed Oct 30, 2013 11:58 pm

Hi Mac,

I have asked my neighbour to have the dead tree taken down so that it no longer constitutes a danger to my property. I have requested they have an arborologist look at the diseased Horse Chestnut to determine if it is salvageable, and the Oak tree to be cut back to stop it depositing large branches on my garden. As the trees belong to them I cannot take any responsibility for this work, or be expected to shoulder the cost.
The undergrowth is anoth issue, but no less pressing. It needs cutting back.
For the record They responded to a request to remove a dead Willow about 15 years ago, and cut back the undergrowth about 10 years ago. But, the person I dealt with then has left and no-one else in their Estates Department seems to have responsibility for this part of their property.

Hope this helps.

Chris
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Re: Dangerous trees

Postby MacadamB53 » Thu Oct 31, 2013 1:07 am

Thanks Chris,

So in summary you would like your neighbour to:

Remove the larch
Cut back the oak
Treat or remove the horse chestnut
(I assume you'd want this cutting back if it's treated)

You've tried in vain to engage with the neighbour and you're posting here for some (unspecified) advice to hopefully help get your problems resolved.

Firstly, since it may have been 10 years since any contact, are you certain the company still own the land?
If the land is registered you can obtain a copy of the title from HMLR to find out who the registered owners are (costs £3)
Always worth checking

Secondly, how big are these trees?

Thirdly, have you made a complaint to your local environ agency about the fly-tipping? If you've suspicions of vermin this
can also be reported and notices can be served to the owner about both.

Lastly, how likely is it that your neighbour would notice or take action if you remedied the larch yourself? (if possible)

Kind regards, Mac
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Re: Dangerous trees

Postby MacadamB53 » Thu Oct 31, 2013 9:05 am

Hi Chris,

Further to my last post, you haven't mentioned whether there are other trees which might be affecting other neighbours?

If so, you may wish to work together.

Kind regards, Mac
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Re: Dangerous trees

Postby krispix » Thu Oct 31, 2013 10:10 am

Hi Mac & Pinkie,
Many thanks for the advice.
Without giving too much away, the neighbour is an NHS Trust and they definitely still have title as they recently applied for Planning Permission to develop the site, which was refused because it would involve taking out some of the trees in question and the Council have put a protection order on them.
I have written many letters to the Estates Dept. of the Trust, both to the individual (now departed) I used to deal with, and lately to the Department. In telephone conversations they have acknowledged receipt of the letters. They cannot (or will not) give me a name and "Will respond in due course" or "Have someone call me back."
I have spoken to the Council, but they will not get involved unless there's a danger to life, although they're unclear how that's to be demonstrated prior to someone being killed!
I could try my MP although previous dealings with him have shown him to be less than effective. If there's a photo-shoot he's first in the queue, but anything that might be of benefit to his constituents and involve him in some effort .... !
I have not approached the Environmental Agency regarding the fly-tipping, but I'm aware that others have and this appears to have been remedied by repairs to the gate and a substantial lock being fitted. The stie is a haven for foxes who plague the area, but I'm unsure if they count as vermin.
Taking (slightly illegal) action myself with the Larch is unwise since all the trees were plotted for the recent planning application.
The site is bounded by two roads, the Trust's (developed) land and my property. So, no-one else is involved.
I'm hoping that if I have a writ served on them it might galvanize them into some sort of action, but I'm unsure what the basis for legal action would be, since apart from a few rotting gravel boards I haven't, yet, suffered any damage.

Thanks for all your help.

Chris
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Re: Dangerous trees

Postby Treeman » Thu Oct 31, 2013 12:54 pm

What pinkie said is the state of play

In a nutshell there is nothing you can do except remind them of thier duty of care to others and perhaps push the envelope a little to mention that the HSE may look at corporate manslaughter if anyone were killed by the organisations omission.
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Re: Dangerous trees

Postby MacadamB53 » Thu Oct 31, 2013 1:06 pm

Hi Crhis,

There's nothing more I can add to pinkie's post other than to say you ought to seek professional advice if you're wanting to take legal action.

Kind regards and good luck, Mac
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Re: Dangerous trees

Postby catapult1 » Mon Nov 04, 2013 9:49 am

You could contact your local mp and ask him/her to give them a nudge. Or failing that the local press.

It is amazing how you get a reply when either of these are involved.
My answers are not of a legal nature, only what I consider to be common sense.
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