Dead tree problem

Dead tree problem

Postby teax2 » Wed Nov 08, 2017 2:16 pm

Hi,

In my neighbor garden about 10m. from my house amongst others there is a large dead tree that has been shedding branches in my garden for a while now, this has not been too much of a bother until now. The dead tree is in quite a poor state and due to the way it is sited and the prevailing winds when it falls it will do so on my house. I have tried to make contact with my neighbor, I have put a friendly letter through the letterbox a month ago and then again last week but I have heard nothing back. I have been told last week that whoever was living there died back in July, I know relatives have been there since and must have picked up my letters but obviously chose to ignore them. Can anyone tell me what my options are, I want to avoid spending money I cannot recover, I have been in touch with the CAB, they in turn advised me to get in touch with the local council so I did but the local council does not want to know ( I live in Wales ).

Help please.
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Re: Dead tree problem

Postby stufe35 » Wed Nov 08, 2017 2:29 pm

My thoughts:

I think your being a bit unfair on the relatives saying they've ignored you. Someone has died they are trying to sort out the estate and someone is sending them letters about an assesst they are most likely about to sell. Its probably the least of their worries and way down their to do list. You can imagine the conversation " whys he left it until they are dead to start complaining ?" How far away do they live ? 2 miles or 200 miles--would arraging this be logistically easy for them..

Act positively, get a couple of quotes from tree surgeons, this will cost you no more than a few phone calls and time to meet them (which is easy for you). Then contact the relatives with the quotes , they may well be delighted to make the problem go away by paying for it out of the estate.

If not maybe take it up with the new owner once it changes hands.
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Re: Dead tree problem

Postby MacadamB53 » Wed Nov 08, 2017 2:33 pm

Hi teax2,

if you’re wanting a dead tree removing I think you’re going to have to spend some money unless you know someone suitably qualified who would do the work as a favour.

how big is this tree? approx height, approx trunk diameter?

kind regards, Mac
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Re: Dead tree problem

Postby despair » Wed Nov 08, 2017 3:31 pm

I would have been returning all the branches to the neighbour long ago
I doubt the tree died recently

Problem is the elderly get very attached to and cantankerous about beloved trees and refuse to face up to the legalities
I agree the relatives may live miles away but if the neighbour died in July 3 months is time enough to have tackled the legalities probate etc and courtesy meandps they should have responded to you even if they could do nothing immediately about the tree for financial or legal reasons
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Re: Dead tree problem

Postby teax2 » Wed Nov 08, 2017 8:26 pm

I understand the tree may not be high on their priorities however I think enough time has gone past. I think most of the relatives leave close by as the lady that lived there had relatives around most of the time, I also found out yesterday the house was put on the market on August 18th and withdrawn soon after, it is an old rectory thus a substantial property.
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Re: Dead tree problem

Postby ukmicky » Thu Nov 09, 2017 1:32 am

How big is this tree
Advice given is not legally qualified and you are advised to gain a professional opinion
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Re: Dead tree problem

Postby teax2 » Thu Nov 09, 2017 9:01 am

It is quite a large tree: diameter is around 110cm and is about 15 meters tall.
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Re: Dead tree problem

Postby mr sheen » Thu Nov 09, 2017 11:33 am

There are a number of issues in cases where someone has died. The deceased may not have left a Will or if they did leave a Will it may not have gone through Probate yet. As a result, the ownership of the property may be unclear or even 'in dispute'. The fact that it has been withdrawn from the market may indicate that there are issues with the ownership or the Will....this may go on for years!

You are also supposed to be vigilant in relation to the protection of your own property.

If there is a risk to your property then you could offer to the relatives to pay a portion for the removal of the tree and you never know they may agree....or you could offer to pay for it all which may be more of an incentive for them to agree. You also have the right to remove any overhanging branches, at your expense, without giving any notice to the owners and this option you should take as a minimum because your insurance company will not be happy that you have allowed dead branches to overhang and create a risk.

Whatever you choose is going to incur costs. You cannot force a neighbour to remove a tree even a dead tree, all you can do is 'put them on notice that you will claim against them for any damage. In your case this is complicated by the issues with ownership which may mean that no-one currently can be held responsible for any damage the tree may cause.
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Re: Dead tree problem

Postby stufe35 » Thu Nov 09, 2017 12:16 pm

I agree with mr sheen, my friends mother died 3 years ago and he has only just gained control of what was her property during which time it has stood empty as it could not be sold.

Consider the option I mentioned earlier..the worst that can happen is they ignore you or tell you to get lost, the best that can happen is the tree gets taken down, or they engage with you to tell you the problems they are having, but a least you will have quantified the cost involved and you can make a judgement as to whether to fund it yourself if necessary...if they will give you permission.
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Re: Dead tree problem

Postby despair » Thu Nov 09, 2017 9:22 pm

Its also possible the property is not even insured if the old owner had no insurance the trustees wont find it easy to start a policy only continue an existing one
Probate tends to take 6 months these days plus if it hits IHT they have to find the 40% IHT up front which is iniquitous unless the old owner had accounts they can liquidate
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Re: Dead tree problem

Postby alyson » Thu Nov 09, 2017 11:30 pm

despair wrote:Its also possible the property is not even insured if the old owner had no insurance the trustees wont find it easy to start a policy only continue an existing one
Probate tends to take 6 months these days plus if it hits IHT they have to find the 40% IHT up front which is iniquitous unless the old owner had accounts they can liquidate


On the contrary, there are quite a few insurers who will insure a property in these circumstances.
Probate can take anything from 6 weeks to forever depending on the complexity of the estate or the competence of the estate administrator.
Until the estate is settled it is the executor who shoulders the responsibility of any issues with any part of the estate.
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Re: Dead tree problem

Postby Collaborate » Fri Nov 10, 2017 8:09 am

alyson wrote:On the contrary, there are quite a few insurers who will insure a property in these circumstances.
Probate can take anything from 6 weeks to forever depending on the complexity of the estate or the competence of the estate administrator.
Until the estate is settled it is the executor who shoulders the responsibility of any issues with any part of the estate.



+1
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Re: Dead tree problem

Postby arborlad » Fri Nov 10, 2017 12:17 pm

teax2 wrote:It is quite a large tree: diameter is around 110cm and is about 15 meters tall.





That's quite a sizable tree, has anyone suitably qualified assessed it?.................a photo might help.
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smile...it confuses people
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Re: Dead tree problem

Postby teax2 » Fri Nov 10, 2017 3:07 pm

I have had a tree surgeon around for a quote and said the tree is dead and dangerous. Thank you all for your contribution so far.
It just seems unfair I may have to pay for a problem I have not caused when on the other side of the fence sits what looks like a wealthy family. I used to hear about disputes with neighbors about trees and wondered what was all the fuss about, now I begin to understand the problem irresponsible tree owners do cause.
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Re: Dead tree problem

Postby stufe35 » Fri Nov 10, 2017 3:56 pm

I don't think you do have to pay. Furnish the family with this new professional opinion you have, seeking that they address the issue. Point out politely that if they don't and the tree falls they will face a much higher bill to clear away the tree and fix your house.

Most reasonable people will respond favourably if approach politely.

You must recognise this tree has not suddenly died. It has been dying for ages you have watched it and done nothing. The old woman who lived there was probably blissfully unaware. You have now chosen to put this at the top of your agenda and seem to be expecting immediate action at a time when the property is 'between owners' and / or 'in limbo' and what is probably a very difficult time for the relatives.

The letter you have already written may not have even been seen if swept up with all the other junk mail and stuck on the hall table.

In MHO your expectations that everyone 'jumps' to your demands just because you have nothing more important to worry about this week are unreasonable. Give them a chance.

How much to fell it by the way ?
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