Out of control trees causing damage

Out of control trees causing damage

Postby SarahSue » Sun Jul 24, 2016 8:45 am

I am posting this on behalf of a friend who would very much appreciate some advice.

This is a copy and paste of her issue

"trees leaning on fences breaking them n pushing out of line, Ivy n brambles growing over, under n through fences again breaking fences, trees growing through fences, nuts, plums, border nothing grows, moved our bird water feeder now hv to move it again, nut trees higher than house overhanging garage roof, branches overhanging washing line -"

She has spoken several times to her neighbour asking them politely to trim the trees down because they are causing damage to her property and resulting in lack of light. They claim they do not have the time to sort it out.

I tried to upload a photo that she gave me but i got the message that board quota had been reached. I have the photos and the trees are absolutely out of control and encroaching on her property. I am sure she must be able to do something to sort this out since it cannot be right that a neighbouring house has let their trees get so out of control as to begin to ruin the aspect of her property, not to mention damaging fences.
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Re: Out of control trees causing damage

Postby despair » Sun Jul 24, 2016 9:50 am

Your friend has the right to "abate the nuiscance " caused by the trees and recover costs of actual damage to fences etc

However only the damage done after she has put in writing to the neighbour all the problems caused

suggest she writes a formal letter
listing with bullet points all the problems

give them 14 days to remedy the situation .............Keep a copy and be sure its sent recorded delivery

warn them that if they do not sort it and she is forced to employ tree surgeons all arisings will be returned ( they can refuse to accept them but warning them the arisings will be returned may just shake them into action )

She can get quotes from tree surgeons to cut back everything to the boundary but cannot force the neighbours to pay

however the fact there is a big problem and a formal letter means the neighbours now have a neighbour dispute on their hands and its in their interest to sort matters

If she is elderly one of the charities /local help groups may send someone to tackle the problems but the bottom line is she may need to pay tree surgeons to cut everything back and return the arisings to the neighbour

If the problems being caused are truly severe she may just possibly be able to claim back the costs of professional clear up team via the court but this is not a foregone conclusion

all roots and branches can be cut right back to the boundary

to post photos you need to add them to a photo sharing website and then post a link to them on forum you cannot directly post photos
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Re: Out of control trees causing damage

Postby SarahSue » Sun Jul 24, 2016 10:03 am

Thank you very much for your prompt response. My friend wrote to them in 2009 but I have no idea if she kept a copy of the letter. My friend is not elderly but she is the sole carer for her elderly mother who is 91 and is the legal owner of the property. I would add that her mother is in very poor health and this is causing huge stress to them all. I will pass on your response. Again, very much appreciated.
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Re: Out of control trees causing damage

Postby SarahSue » Sun Jul 24, 2016 10:14 am

SarahSue
 
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Re: Out of control trees causing damage

Postby SarahSue » Sun Jul 24, 2016 10:17 am

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Re: Out of control trees causing damage

Postby despair » Sun Jul 24, 2016 11:23 am

If she wrote in 2009 she can include in her letter that since 2009 they have done nothing to "abate the nuiscance " of their trees therefore she is now legally able to reclaim all costs of damage done

The letter needs to list the problems clearly
in 1234 format

Are those trees evergreen by any chance because then she could use the High Hedge Law ......she must write all the required letters for that and offer mediation but its worth looking at the details of the law

I suspect the roots are across her land so she could threaten them with cost of removal if they are messing up lawn etc

she needs 3 quotes and very strong letter

If her mother is 91 she is hardly spring chicken and needs to make them aware this situation is untenable

If I was in her shoes I would be fuming and certainly would not have given them 7 yrs grace
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Re: Out of control trees causing damage

Postby mr sheen » Sun Jul 24, 2016 1:16 pm

Your friend has the right to cut back any vegetation that comes over the boundary into her airspace or onto her land. She should have been doing that as soon as the vegetation encroached onto her land. Since she chose not to do so, it may be considered that she has also contributed to tha damage that has now resulted. Consequently a claim may not be as successful as the previous contributor suggests and sending a 'strong' letter may well result in the digging in of heels and a response along the lines below.....although this may not satisfy a court but your friend will have a fight on her hands and may be better off seeking to settle the matter before it becomes a legal dispute......
You have chosen not to remove vegetation and allow the vegetation to cause damage when you had every right to remove encroaching vegetation and hence avoid damage. By not removing the encroachment, you chose to allow damage to occur. Since we had no right to enter your property to remove the vegetation, the damage caused resulted from your failure to act, not ours.

Whether the above applies will depend upon the exact wording of the letter sent years ago. However her negligence in failing to take action and just sit back and allow damage to occur may will be frowned upon by a court.

It would be better to discuss the matter with the neighbours and see if a reasonable outcome could be agreed. If this isn't possible, she needs to get the encroaching vegetation removed ASAP right back to the boundary all around her property. Some may do this with appropriate due diligence...others will wield a rusty old chainsaw and hack away to prove a point but trashing the encroachment back after you have already put them on notice of the encroachment problem makes it difficult for them to do anything about a severe addressing of encroachment.
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Re: Out of control trees causing damage

Postby despair » Sun Jul 24, 2016 2:09 pm

As you say Mr Sheen much hangs on what 2009 letter said and whats been said and done since

Tragedy is cutting back the kind of vegetation the photos show is costly year on year and it is high time that the law
took a rather better attitude towards those stuck with such uneighbourly behaviour

The neighbours " we don't have time " response though simply is not good enough and shows a complete disrespect for the OP
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Re: Out of control trees causing damage

Postby SarahSue » Sun Jul 24, 2016 3:19 pm

Thank you again for your responses. I will suggest she now takes over this thread. Being the amazingly wonderful and supportive friend that i am :D i agreed to post this for her.
But i totally agree that she needed a long time ago to take a tougher stance. Easier said than done though. Some people will find that easy and some far more difficult.
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Re: Out of control trees causing damage

Postby mr sheen » Sun Jul 24, 2016 3:34 pm

despair wrote:As you say Mr Sheen much hangs on what 2009 letter said and whats been said and done since

Tragedy is cutting back the kind of vegetation the photos show is costly year on year and it is high time that the law
took a rather better attitude towards those stuck with such uneighbourly behaviour

The neighbours " we don't have time " response though simply is not good enough and shows a complete disrespect for the OP


What we might like the situation to be is completely different to reality....we can only work with reality and the situation as it stands as oppose to what we think it should be.
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Re: Out of control trees causing damage

Postby SarahSue » Sun Jul 24, 2016 6:31 pm

I am said friend. Thank you all for yr Dvice. I can confirm that I have been cutting back all vegetation twice a year , every year - ontop of tall ladders with long handled pruners. I still can only reach a certain height. I have even sawn off a main now. The taller branches I cannot reach hv grown into our apple tree which has now died. I have done everything possible to maintain fences and overgrowrh of all trees. Their nut tree is overhanging our garage (they hv already had squirrels in their loft) - maybe environmental health would help ? I hv asked my neighbours year in and year out, two or three times a year, had them in to view the damage etc - they just fob us off with excuses . I pointed out that they could do all of the works themselves bit by bit, there are five of them in the house and they do nothing. There is only myself and my elderly mother who they watch struggling to cut back trees. I hv confirmed in my letter (about to be sent) all points and referred them to my last letter of 2009 and that things have now got worse. It's very unfair and frustrating.
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Re: Out of control trees causing damage

Postby APC » Wed Dec 14, 2016 9:11 pm

That's quite an accusation. What's your grounds, caller?
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Re: Out of control trees causing damage

Postby SarahSue » Mon Dec 19, 2016 1:58 am

No grounds at all. If you want to troll, please do it on someone else's thread. You have this totally wrong.
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