Huge tree fallen into garden - lucky to be alive

Huge tree fallen into garden - lucky to be alive

Postby spencers121 » Tue Dec 17, 2013 10:49 pm

A huge tree which is on private owned land (either the owner of the field behind my rear garden or the landlord next door own it) has fallen into my rear garden. This could have been potentially dangerous if my tenants were in the garden at the time.

The tree has fallen from the land behind my garden fence onto my fence and into my garden. That land is owned by a private/individual or a company. Who they are I have no idea. I have asked the council they have refused to give me details.

The trees are directy behind the house next door and part of the tree (on the right) has broken off and fallen into my garden.

Who do you think owns the trees? they are either part in or just behind next door garden - part of the large tree trunks appear to be in the garden next door or just inside...see picture below

My house has damaged, all my fences have been broken and I now have tresspassers walking through the field or the tenants next door walking into my rear garden through the broken fence at the back. My tenants do not feel safe with the tenants next door or their friends walking into my garden through the my broken fence. How do I put a stop to this?

Plus the neighbours are stacking items next to my fence from inside their garden like a scrap metal and a dog shed which they use to climb into my rear garden

I have tried looking at the land rigestery site to find who owns the land behind my garden and who owns the trees but the land has no physical addresss and I have tried all options on the website.

What would you suggest and shall i get the details of the landlord next door and send him the bill?

How can I get the landowner to secure the land he owns to stop people from walking across it and into my back garden...the land is also being used to deal in drugs. The council and police have shown no interest to help - saying its a private matter with you and the landlord.
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Re: Huge tree fallen into garden - lucky to be alive

Postby COGGY » Tue Dec 17, 2013 11:36 pm

Do you have any evidence that drug dealing is taking place? If so the police should act. Have you recorded and dated each incident? It would be best if you had proof but if nothing else ask your tenants to record and date every event in a book.
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Re: Huge tree fallen into garden - lucky to be alive

Postby spencers121 » Wed Dec 25, 2013 9:09 pm

i have seen people walking across the private owned land to deal in drugs but the council and police say since the land is private they are unable to ask the landowner to secure the land in order to stop people from entering the land in the first place!

what now?
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Re: Huge tree fallen into garden - lucky to be alive

Postby catapult1 » Thu Dec 26, 2013 10:12 pm

First off I think you need to put in a claim to your insurance to repair the fence and damage to your property. I would then get them to claim from whoever owns the trees but if they came down in the bad weather then they might not pay out. Depends on your insurance!!

However if you or your tenants didn't get insurance, the fences are yours and your tenants don't feel safe then you should get the fences fixed and then try to recover the amount from them.
My answers are not of a legal nature, only what I consider to be common sense.
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Re: Huge tree fallen into garden - lucky to be alive

Postby Whomping Willow » Mon Dec 30, 2013 2:13 pm

Land Registry: you need to look closer at what they can provide you with. You can submit a map with the area marked that you are interested in and they will see if they have a recorded/registered owner (or not).

If the land is unregistered I would consider who else might be the owner - the Council? Ask them in writing to confirm that they are not the owner. If no one owns up then you might want to consider whether it is of any use to you.....taking such action can flush people out who were previously hiding.

Damage caused to your property - best to either sort this out yourself or assisted by your insurance company if appropriate. Then worry about who will ultimately pay - either the tree owner or their insurers. Clearly you need adequate documents - two or three quotes if substantial sums are involved - in order to establish reasonable costs. Written quotations and invoices essential.

Sounds like you need a tree surgeon and a fencing contractor.

Drugs - well that's a bit beyond this forum isn't it but the police are involved in the crime (drugs) not fencing. The Council is a waste of time unless they are the landlord.
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