Leaning tree

Leaning tree

Postby Ken1 » Mon Mar 17, 2014 2:34 pm

Hi, hoping for some advice.
The house backing onto ours has a row of Leylandi trees along the dividing fence. Last year the owner thinned a couple of these trees out, then this year in the high winds one of the thinned out trees started to lean towards our garden.
My worry is that should this tree break, it will fall into our garden. From reading on this forum I see that we have the option of offering the tree back, but the owner does not have to accept.
However, the only way out of our garden for the tree would be through our kitchen. We don't have the time or funds to deal with a fallen tree and don't really want to spend time and money removing a tree from our garden.
Is there anything we can do to make sure that if the tree does fall into our garden the owner has to take responsibility for the removal of the tree and the repairs of any damage caused by the tree.
Thank you
Ken1
 
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Re: Leaning tree

Postby MacadamB53 » Mon Mar 17, 2014 8:36 pm

Hi Ken1,

Is there anything we can do to make sure that if the tree does fall into our garden the owner has to take responsibility for the removal of the tree and the repairs of any damage caused by the tree.

IMHO your only real chance is to talk to the neighbour beforehand about your concerns.
I would mention the "offering it back because it's his" line because I think this may be tosh.

Kind regards, Mac
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Re: Leaning tree

Postby Treeman » Tue Mar 18, 2014 8:23 am

Ken1 wrote:Hi, hoping for some advice.
The house backing onto ours has a row of Leylandi trees along the dividing fence. Last year the owner thinned a couple of these trees out, then this year in the high winds one of the thinned out trees started to lean towards our garden.
My worry is that should this tree break, it will fall into our garden. From reading on this forum I see that we have the option of offering the tree back, but the owner does not have to accept.
However, the only way out of our garden for the tree would be through our kitchen. We don't have the time or funds to deal with a fallen tree and don't really want to spend time and money removing a tree from our garden.
Is there anything we can do to make sure that if the tree does fall into our garden the owner has to take responsibility for the removal of the tree and the repairs of any damage caused by the tree.
Thank you



Well now this has been done to death on here but IF you did return the tree to its owner, without damaging anything there is nothing much they can do about it.

As a contractor I have done this countless times on behalf of clients and nothing has ever come of it.
Treeman
 
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Re: Leaning tree

Postby Ken1 » Tue Mar 18, 2014 12:08 pm

Thank you to you both for your replies.

If the tree does fall into our garden there is a good chance it will damage established plants on our side. Do we have any right to ask hime to pay for replacements?
Ken1
 
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Re: Leaning tree

Postby despair » Tue Mar 18, 2014 1:16 pm

Only if you have fully warned him in writing of the dangerous state of his tree plus the fact that if it falls in your garden you have no option but to hold him liable for all the costs of removal and replacement of damaged plants and even then he might be able to wriggle out
despair
 
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Re: Leaning tree

Postby MacadamB53 » Tue Mar 18, 2014 3:25 pm

Hi Ken1,

Only if the damage was foreseeable and he had had a reasonable amount of time to remedy but didn't.

Kind regards, Mac
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Re: Leaning tree

Postby Ken1 » Wed May 21, 2014 1:00 pm

I have an update.

I wrote to the owner of the tree to tell him my concerns, I included my phone number should he need to call me to discuss and this morning I received a call.

He told me that he had thinned out the trees last year but that the tree was definitely not leaning towards my garden :? He has offered to let me look from his side and tells me that I will agree that the tree is not leaning when I look from his side. I have also offered to let him see the problem from our side and hopefully he will come round and look this weekend.

He also advised me that I am welcome to cut off anything that overhangs the boundry but he would expect me to the return the cutting. Hopefully, if he comes to see the problem this weekend he will see that sorting the problem from my side will be very difficult as his house is very much higher than mine and the land slopes away from the fence on my side.

So, nothing actually resolved but at least I have told him of the problem in writing and he did confirm that should the tree break and fall he would cover any costs incurred. I just hope he can replace pets and children!!
Ken1
 
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Re: Leaning tree

Postby MacadamB53 » Wed May 21, 2014 1:17 pm

Hi Ken,

sounds like at least a little progress has been made.

I hope you reach an amicable solution.

Kind regards, Mac
MacadamB53
 
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