Beech tree damaging our fence and other issues

Re: Beech tree damaging our fence and other issues

Postby jonahinoz » Mon Aug 25, 2014 7:44 am

Hi,

As I understand it, your neighbour is responsible for any damage caused by his trees AFTER he is aware that damage is being caused. The sooner he becomes aware, the better.

I'd suggest a solicitor's letter, ASAP, which you can prove was sent, and he cannot deny receiving, if registered,

John W
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Re: Beech tree damaging our fence and other issues

Postby troubledhoneybee » Mon Aug 25, 2014 8:44 am

Thanks all who have responded thus far, we've tried to research where we stand and as I have said we really don't want to impact on his privacy or ours. Can anyone clarify legally whether our neighbour has a duty to maintain ALL sides of this hedge? Online there are a number of sites with conflicting information suggesting both - that he does and doesn't have to maintain. It would cost us an enormous sum to keep this hedge professionally maintained given the size and scope.

When we asked before he said he would be getting someone in but we've never been contacted about when so they can come in to our garden to maintain our side too and I suspect that since we asked him to reduce the height he is now digging his heels in and just letting it grow indefinitely.

We will progress the High Hedge complaint with the council as soon as we can but the beech we understood would not be included in their deliberations.
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Re: Beech tree damaging our fence and other issues

Postby despair » Mon Aug 25, 2014 9:14 am

You can require him to remove the trespass of his trees
you can require him to remove the trespass of his roots
You can put him on notice of the damage being caused to your fence which means he is liable for every inch of damage that occurs after the day he receives notice

You can legally cut back everything to the boundary and offer back the arisings although Treeman would say simply dump them on his property

Given the extent and height of his trees you may well win a case for the cost of cutting back /abating the trespass it will depend on the SCC judge

If you file a HH Law case there are formal letters which must be sent
Mediation must be offered before submitting case to council
That procedure may concentrate his mind on a more neighbourly attitude
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Re: Beech tree damaging our fence and other issues

Postby ukmicky » Mon Aug 25, 2014 1:55 pm

No he has no legal duty to maintain both sides
Advice given is not legally qualified and you are advised to gain a professional opinion
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Re: Beech tree damaging our fence and other issues

Postby MacadamB53 » Mon Aug 25, 2014 2:15 pm

Hi thb,

You can require him to remove the trespass of his trees
you can require him to remove the trespass of his roots


this is not how the courts see things.
in E&W there needs to be an actionable nuisance - ie damage - rather than just a trespass where trees are concerned.
this is because any encroachment by a tree's branches and/or roots is due to Mother Nature not a deliberate act by someone.

Kind regards, Mac
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Re: Beech tree damaging our fence and other issues

Postby mr sheen » Fri Aug 29, 2014 8:31 pm

You have the right to cut back anything that overhangs your land including roots - you cannot force anyone else to do this for you just as you cannot force someone else to maintain their own land and belongings, inc trees, hedges etc.

You have purchased a piece of land and your control ends at the boundary all round and you can keep your land free of everything up to but not beyond your own boundary and your neighbour has purchased the same rights. You suggest that you have assumed that neighbours will be 'reasonable' but your view of reasonable and theirs are likely to be different. You both have rights and neither can enforce their preferences on the other. Negotiation is a possibility if you have bargaining tools or a big cheque book.
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Re: Beech tree damaging our fence and other issues

Postby jdfi » Tue Sep 02, 2014 9:07 am

I can't believe that monstrosity :o

Many on here give you 100% valid advice of the legal process.

This is one where I would find out when they are going away on vacation and get the whole lot removed, and take my chances with a prosecution for trespass/criminal damage.

Indeed, I'd say 2 months in prison followed by 20 years of enjoying your garden is well worth it.
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Re: Beech tree damaging our fence and other issues

Postby MacadamB53 » Fri Sep 05, 2014 10:36 am

Hi jdfi,

Indeed, I'd say 2 months in prison followed by 20 years of enjoying your garden is well worth it.

you're forgetting the loss of employment, a criminal record, and the stress all this would put on the OP's marriage (and other relationships) ;)

Kind regards, Mac
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