Dangerous tree in neighbour’s garden

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Molly44
Posts: 4
Joined: Mon Feb 10, 2020 11:47 pm

Dangerous tree in neighbour’s garden

Post by Molly44 » Thu Feb 13, 2020 11:46 pm

Can anyone help with where to find a template letter for giving my neighbour notice that his tree is diseased and dangerous?
Huge sections of the tree came down last weekend in the storm and another storm is coming this weekend.
I need to inform him in a letter so that I have made him aware and then he will be liable if anything happens in the future.
If anyone can advise I would greatly appreciate it.
Many thanks

cleo5
Posts: 375
Joined: Mon May 18, 2015 12:33 pm

Re: Dangerous tree in neighbour’s garden

Post by cleo5 » Sat Feb 15, 2020 10:39 pm

Can' t you just gently remind him/ her.
Or if not on speaking terms post a polite reminder through th door.
A formal letter is not needed.
I have the same problem but I say nothing because we get on well with our neighbours.

If by chance a large branch falls on your house/ car/ self then that becomes a mattter for the insurance companies and legal action. Tree expperts will then be called in to judge whether your neighbour has been negligent and if so he will be liable for costs and compensation.

Even perfectly healthy trees can be blown over and I have had huge trees that have been purposely sawn down that are revealed to be rotten to the heart and yet stood firm.
I know its worrying but there is not a lot you can do apart from getting all the branches cut that hang over your boundary..at your own huge expense and no tree surgeon will do that in this weather.

Molly44
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Joined: Mon Feb 10, 2020 11:47 pm

Re: Dangerous tree in neighbour’s garden

Post by Molly44 » Sun Feb 16, 2020 10:26 pm

cleo5 wrote:
Sat Feb 15, 2020 10:39 pm
Can' t you just gently remind him/ her.
Or if not on speaking terms post a polite reminder through th door.
A formal letter is not needed.
I have the same problem but I say nothing because we get on well with our neighbours.

If by chance a large branch falls on your house/ car/ self then that becomes a mattter for the insurance companies and legal action. Tree expperts will then be called in to judge whether your neighbour has been negligent and if so he will be liable for costs and compensation.

Even perfectly healthy trees can be blown over and I have had huge trees that have been purposely sawn down that are revealed to be rotten to the heart and yet stood firm.
I know its worrying but there is not a lot you can do apart from getting all the branches cut that hang over your boundary..at your own huge expense and no tree surgeon will do that in this weather.
Many thanks for your advice. Unfortunately we are already at the stage of insurance companies being involved as the section that came down completely demolished my shed and it’s contents. The neighbour in question made no apology whatsoever and merely told me to claim off my insurance. Have had 3 tree surgeons in this week to quote for removal of tree trunk that is embedded in my shed and they all took one look at the tree and said that tree is so badly diseased and is extremely dangerous, and one of them even pleaded with me not to venture into the garden when it is at all windy because he said that tree will kill someone one day! That is interesting that you say tree experts will be called in as my insurance company did not say that they would arrange this. I have informed the council and they said they will write a letter to the owner of the tree but they are currently so busy due to recent storms I guess that won’t be any time soon! In the meantime I am worried about using the garden and won’t let my dog out there only if tied to a rope so that she won’t venture too far.
I was looking for a template letter as a consultant arborist has advised me to send a letter to the owner of the tree giving him notice so that when it happens again he can be prosecuted because he has a duty of care to make sure his trees are safe.

Eliza
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Joined: Sun Jun 01, 2014 6:28 am

Re: Dangerous tree in neighbour’s garden

Post by Eliza » Mon Feb 17, 2020 1:43 pm

I guess what the arborist is referring to is sending the neighbour an official letter for "date of knowledge" purposes. That being that, as from the "date of knowledge" (ie date they are officially informed there is a problem that is their responsibility to see to) then the onus is on them to deal with it and you've put yourself in a better position to be able to prove they officially DID know. Chances are they will try and plead ignorance and the fact they have this letter from you (copy kept by you obviously) means you have proof they DID know - whatever they say.

Re them having the cheek to tell you to claim on YOUR insurance for THEIR tree damage!!!! then I guess the insurance companies will fight it out between themselves who pays for this.

Part of the reason you need to send that letter now is for it to be quite clear that any further damage is down to them and shove this firmly onto the shoulders of them and/or their insurance company.

I guess the fallback position if you have to pay any of their costs to deal with their tree now would be to take this neighbour to the small claims court.

Right now = have you taken photos of all damage, the remains of their tree, etc?
Apologies for not giving exact personal details in my posts - you never know who is reading....

MacadamB53
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Re: Dangerous tree in neighbour’s garden

Post by MacadamB53 » Mon Feb 17, 2020 5:49 pm

Hi Eliza,

Part of the reason you need to send that letter now is for it to be quite clear that any further damage is down to them

it doesn’t follow that they’ll be found liable for any further damage caused by the tree - because factors other than the tree’s condition may have contributed...

kind regards, Mac

cleo5
Posts: 375
Joined: Mon May 18, 2015 12:33 pm

Re: Dangerous tree in neighbour’s garden

Post by cleo5 » Fri Feb 21, 2020 12:33 am

I am sorry that your shed has been demolished and you now have the worry of the dangers the fallen tree poses. It needs cutting up as soon as possible.
However there is often no clear way of the owners knowing the tree was rotten at heart.
We had a very old beech taken down . It seemed perfectly healthy and the experienced treemen said so but it gave way in mid fell and broke their saw blade and it was completely diseased inside.
Another large lime was beautiful inside but the storm felled it.

Some twenty years back the council told us we had to have a huge old tree taken down because their tree experts advised that it was diseased and in danger of falling into the park which borders our land. We had it felled and was found to be healthy all through. It cost us £300 .money that we could ill afford.

Why did the arborists who came not take photos and then safely remove it? Costs can be argued out later. Do you have to wait for estimates?
Insurance companies may take weeks/ months to sort it out.
Has your insurer sent an assessor out to see it yet.

Re the letter.
I cannot see that it will make much difference. Your neighbour cannot be bound to keep his tree branches from falling. He can promise to have them inspected once a year but that's about it.
I hope it all gets sorted very soon. It is a worrying situation for you.

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