Horse Chestnut tree

Horse Chestnut tree

Postby ewe » Tue Nov 11, 2014 10:27 pm

Hello Out There,

We are just making enquiries in regards to a problem we have with a Horse Chestnut tree and would be interested in receiving replies.
The tree boarders our path at the side of our house, a three bedroom semi and it is less than ten feet from the side of the house and is taller than our guttering.
The garden that it is in comprises two rental properties, both two bedroom flats, and the landlord is a local man although remote. e.g. never seen as letting is handle through a letting agency.
It would appear that roots from the trees are "raising" the steps which forms part of our path.
We have written to the landlord on several occasion to notify him of the problem, to provide photos, and to also indicate that the roots could cause more potential problems.
We have never received a reply and I believe that's because he doesn't want to acknowledge the problem with this tree, that is on his land.
We also believe that the responsibly lies with the landlord to resolve this problem which I would suggest involves the removal of the tree at his cost?
Can anyone confirm, or not, that I am thinking logically here and that the responsibility is definitely the Landlords.
If it is, would we be able to have the tree cut down and send him the bill knowing that we could claim through the small claims court, if there were any dispute?
ewe
 
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Re: Horse Chestnut tree

Postby MacadamB53 » Tue Nov 11, 2014 11:48 pm

Hi ewe,

We also believe that the responsibly lies with the landlord to resolve this problem which I would suggest involves the removal of the tree at his cost?

I don't think so - any encroachment by the tree was due to Mother Nature rather than some premeditated act by your neighbour.

it would be unreasonable to expect him to have known the course each root would take and therefore it would be unreasonable to consider him liable for any damage caused to date.

however, now he's been made aware (and assuming you've correctly identified the cause) he could be liable for any further damage.

felling a healthy tree should be a last resort and there is likely to be alternative solutions worth exploring.

Kind regards, Mac
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Re: Horse Chestnut tree

Postby TO » Wed Nov 12, 2014 10:21 am

Hi ewe

If the problem is the tree then say so. Beating about the bush will not help get you the advice you want.

Mac prety much has it covered, but proving what further damage arises to the steps after the tree owner is put on notice will be hard to prove unless you start with a clean slate by repairing the damage first. Of course you must be able to prove the damage is tree related in the first place. You can only take action to abate the actionable nuisance, (remove roots to allow the steps to be repaired). You cannot abate a potential nuisance that may or may not happen at some unspecified point in the future, e.g. fell the tree because it might cause subsidence to your house.

However, what concerns me most is the fact you think you can enter onto someones land, destroy their property, and then take them to the Small Claims Court to recover the costs of your criminal actions. The only Court you're likely to find your self in would be the Criminal Court, and you'd be the one in the dock.

TO
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Re: Horse Chestnut tree

Postby ewe » Wed Nov 12, 2014 8:38 pm

Hello,

Thanks for the replies. Most interesting.
ewe
 
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Re: Horse Chestnut tree

Postby jdfi » Mon Nov 17, 2014 9:07 am

You can cut any roots and branches that overhang your land.

Have you tried talking to the agent?
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Re: Horse Chestnut tree

Postby ewe » Mon Nov 17, 2014 9:00 pm

Hello Jdfi,

Thank you for your reply.
No I haven't talked to the agent, only for the reason that we do not know who that is.
I am aware that it is the responsibility of the flat tenants to maintain their garden. A former tenant did say that he did ask about cutting the tree down, but the landlord apparently denied him permission to do so. We think we know the reason why, as he wanted to develop four one bedroom properties from the two, two bedroom properties that still are here. This was about five years ago.
We were objectors to this, as well as other people, so, we perhaps are led to think that this could be the reason for the denial of permission. The issue was "fought" in the courts and went all the way to the South West courts, only for the development to be denied.
The tree was here when we moved in thirty one years ago and, as far as we can see. is the only way the steps are being "lifted".
The landlord has not even bothered to reply to recorded postal deliveries, which only serves to confirms our thoughts on this issue.
Unfortunately, he appears to be a faceless landlord who seems quite happy to receive the rent for the properties and has no particular goodwill for the extended local residents.
ewe
 
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Re: Horse Chestnut tree

Postby MacadamB53 » Tue Nov 18, 2014 1:29 am

Hi ewe,

The tree was here when we moved in thirty one years ago and, as far as we can see. is the only way the steps are being "lifted".
The landlord has not even bothered to reply to recorded postal deliveries, which only serves to confirms our thoughts on this issue.
Unfortunately, he appears to be a faceless landlord who seems quite happy to receive the rent for the properties and has no particular goodwill for the extended local residents.


as per the advice given by TO and myself - I trust you understand what action you can take and why the landlord is doing nothing?

Kind regards, Mac
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