Legal insurance - any rec's before it formally kicks off?
Discussion
We've been in our house for 10 years, our neighbour for about 20
Theres a tree on our boundary which probably pre dates each of us by 100 years
Which is where the story begins....................
We have a functional relationship with next door
Not going to the pub level, but taking in parcels for each other and chatting over the fence etc etc
This week he has decided that he doesnt like my tree dropping leaves on his side of the fence and has asked me to chop off 3 branches
For the sake of good relations I momentarily considered this but then asked him what would hap[pen to the pretty huge remaining canopy overhanging his garden
"Take it a step at a time" was his response
Which on further polite questioning was chop the whole lot down bit by bit!!!
The point of the question is that he's a solicitor
Im pretty sure I can tell him to naff off/jog on etc regarding the tree (its not near his bricks and mortar) but if he decides to start writing clever lawyers letters at me and planting sausages in my garden I figure some formal legal advice would be good
We have never ticked the legal option on the house insurance - would this be worthwhile?
If not does anyone do a policy whereby you can access a friendly lawyer as and when needed?
Or would a letter from one just telling him to sod off if he starts getting nasty and a couple of follow ups cost less than I imagine?
The tree itself is lovely and there is no way Im chopping half of it down as he is asking
Cheers
EDIT: my paranoid mindset influenced by friends having a recent and out of the blue party wall dispute with similarly longstanding neighbours which has just been a total nightmare, protection and support for this type of scenario is probably of more benefit
Theres a tree on our boundary which probably pre dates each of us by 100 years
Which is where the story begins....................
We have a functional relationship with next door
Not going to the pub level, but taking in parcels for each other and chatting over the fence etc etc
This week he has decided that he doesnt like my tree dropping leaves on his side of the fence and has asked me to chop off 3 branches
For the sake of good relations I momentarily considered this but then asked him what would hap[pen to the pretty huge remaining canopy overhanging his garden
"Take it a step at a time" was his response
Which on further polite questioning was chop the whole lot down bit by bit!!!
The point of the question is that he's a solicitor
Im pretty sure I can tell him to naff off/jog on etc regarding the tree (its not near his bricks and mortar) but if he decides to start writing clever lawyers letters at me and planting sausages in my garden I figure some formal legal advice would be good
We have never ticked the legal option on the house insurance - would this be worthwhile?
If not does anyone do a policy whereby you can access a friendly lawyer as and when needed?
Or would a letter from one just telling him to sod off if he starts getting nasty and a couple of follow ups cost less than I imagine?
The tree itself is lovely and there is no way Im chopping half of it down as he is asking
Cheers
EDIT: my paranoid mindset influenced by friends having a recent and out of the blue party wall dispute with similarly longstanding neighbours which has just been a total nightmare, protection and support for this type of scenario is probably of more benefit
Edited by numtumfutunch on Saturday 27th September 11:24
This might be of help to you in regards to the overhanging branches
http://www.problemneighbours.co.uk/rights-trees-an...
It was only updated a few days ago. In brief it's not good news for you, if the branches are overhanging his boundary/garden he is perfectly entitled to chop them back to the boundary line, but he has to offer you the cuttings as technically they are yours!. In a way he is letting you make the decision on what to do, rather than him just getting the saw out and cutting straight up in a vertical line from his fence/ wall.
In regards to the question on legal insurance, I'm not sure where it begins, but as stated above, he is perfectly entitled to have the branches cut back, so don't think the legal insurance will help you, even if you get it.
http://www.problemneighbours.co.uk/rights-trees-an...
It was only updated a few days ago. In brief it's not good news for you, if the branches are overhanging his boundary/garden he is perfectly entitled to chop them back to the boundary line, but he has to offer you the cuttings as technically they are yours!. In a way he is letting you make the decision on what to do, rather than him just getting the saw out and cutting straight up in a vertical line from his fence/ wall.
In regards to the question on legal insurance, I'm not sure where it begins, but as stated above, he is perfectly entitled to have the branches cut back, so don't think the legal insurance will help you, even if you get it.
Vxrconvert said:
This might be of help to you in regards to the overhanging branches
http://www.problemneighbours.co.uk/rights-trees-an...
It was only updated a few days ago. In brief it's not good news for you, if the branches are overhanging his boundary/garden he is perfectly entitled to chop them back to the boundary line, but he has to offer you the cuttings as technically they are yours!. In a way he is letting you make the decision on what to do, rather than him just getting the saw out and cutting straight up in a vertical line from his fence/ wall.
In regards to the question on legal insurance, I'm not sure where it begins, but as stated above, he is perfectly entitled to have the branches cut back, so don't think the legal insurance will help you, even if you get it.
Unless a TPO is in place.....http://www.problemneighbours.co.uk/rights-trees-an...
It was only updated a few days ago. In brief it's not good news for you, if the branches are overhanging his boundary/garden he is perfectly entitled to chop them back to the boundary line, but he has to offer you the cuttings as technically they are yours!. In a way he is letting you make the decision on what to do, rather than him just getting the saw out and cutting straight up in a vertical line from his fence/ wall.
In regards to the question on legal insurance, I'm not sure where it begins, but as stated above, he is perfectly entitled to have the branches cut back, so don't think the legal insurance will help you, even if you get it.
Yup indeed, or other exemptions are conservation area and I think you can get them also under some planning protection or the like. TPOs are more a council thing though for out in the public streets etc, so probably not one in place, not sure if an individual can apply for a TPO, something you would have to call the council on. But until a stage that one is in place, your neighbour can cut back the tree as mentioned above!
Vxrconvert said:
Yup indeed, or other exemptions are conservation area and I think you can get them also under some planning protection or the like. TPOs are more a council thing though for out in the public streets etc, so probably not one in place, not sure if an individual can apply for a TPO, something you would have to call the council on. But until a stage that one is in place, your neighbour can cut back the tree as mentioned above!
Not always, we had a TPO on a tree in our garden in a house we once had. It was a real PITA as it was raising the tarmac driveway and pushing a wall over. Council would not budge, so it may well be worth having a chat with the TPO officer.I'd be more worried if he was a tree surgeon rather than a solicitor.
If there is no form of protection in place he can lop any branches that overhang his land.
He certainly can't come in your garden and start chopping away.
If he tries to get clever and talks legalese refer him to the answer given in Arkell v. Pressdram (1971). It's a beauty.
If there is no form of protection in place he can lop any branches that overhang his land.
He certainly can't come in your garden and start chopping away.
If he tries to get clever and talks legalese refer him to the answer given in Arkell v. Pressdram (1971). It's a beauty.
Geekman said:
We had a similar problem years ago - called the council and got a TPO and now the neighbours can't touch it. Wouldn't say it's improved neighbourly relations, but then again they were never that great to start with!
Only problem is - I'd know how to kill a tree very easily. You might go from having a few branches taken off at someone else's expense, to having to pay for a dead tree to be removed. Edit - what I was trying to say (not very well) is that if it's ever possible try and come to a compromise with someone. A TPO can also come back to bite you, especially if you come to sell the house and a new owner doesn't like it. Furthermore - any work needed doing to a tree with a tpo is more expensive.
Edited by photosnob on Saturday 27th September 15:04
Breadvan72 said:
Household legal expenses insurance will not cover a dispute that started before the insurance was purchased.
You can buy after the event insurance to cover legal costs after a dispute has arisen, but it is not cheap.
Yes, I understand that completelyYou can buy after the event insurance to cover legal costs after a dispute has arisen, but it is not cheap.
The fact is Im feeling pretty safe with the tree
He can trim whatever he likes TBH - the lowest of the branches is 14 feet off the ground and a major undertaking I see no need to pay for myself
If he wishes to chop it down he's welcome to speak to the conservation officer too
Of more concern is that if it escalates to boundary disputes as happened to my friend Id like to have some backup
Is the legal cover extra on house insurance worth it or not?
Cheers
numtumfutunch said:
What's your experience?
Or from which side of the fence are you posting ?
i am an insurance broker who has had boundary disputes!Or from which side of the fence are you posting ?
A boundary dispute is a hiding to nothing for a solicitor and are sometimes excluded from legal expenses policies.
You may get some very basic advice on your deeds, but I can't see them running a case for you. If they do run the case I would be very surprised if they could handle it with the necessary competence and with the quick reactions needed should something like an injunction be required.
I can't stress enough how s
t boundary disputes are unless you are of an unusual personality or if the boundary in question is of no consequence to you and you are running the case solely to get on your neighbour's tits.eta: why could this escalate to a boundary dispute?
Edited by anonymous-user on Saturday 27th September 19:49
numtumfutunch said:
Theres a tree on our boundary which probably pre dates each of us by 100 years
I've been in the same place as you. There's 6 trees with TPOs on my driveway. Cutting down a few branches will make little difference to the total amount of leaves dropped.He bought a house with the full knowledge a massive tree drops leaves off it.
Nothing's changed in the last year to change that, apart from maybe he's not looking forward to sorting the leaves!
My advice would be to co-operate, but up to a level to show willing an keep a good relationship. That's what I did, and it avoided nastiness for both of us.
My tact would be that he bought the house with the tree there, it's a nice tree, and it would be a shame to start hacking at it. However, if he feels really strongly about it, I'd be happy for him to employ a tree surgeon to come round to speak to him and you to tell you if it were possible to take branches off without causing permanent harm to the tree. But underline, this would be his choice, against yours, but you would allow at his cost.
It'll probably go away.
numtumfutunch said:
He can trim whatever he likes TBH - the lowest of the branches is 14 feet off the ground and a major undertaking I see no need to pay for myself
If he wishes to chop it down he's welcome to speak to the conservation officer too
Cheers
Ignoring the legal stuff which I don't know about, I'll comment on the part I highlighted. If he wishes to chop it down he's welcome to speak to the conservation officer too
Cheers
Firstly it would probably be an arboriculture officer, and not a conservation officer.
Secondly if you are in a conservation area then without the permission (save in a few circumstances) of the arb officer, then he can't cut a thing of the tree legally. Enforcing it is another thing, but he won't want to break the law hopefully if a solicitor. If you are not in a conservation area then he needs no ones permission (save a tpo) to get the branches lopped off. If you are unsure call the council and you will know in 10 minutes.
14 foot is not going to stop a professional. They would not have to go into your garden to get into the canopy of the tree. In these situations the best person to speak to is an arb officer. They won't charge you to come out and have a look and give some advice. So do that if concerned.
Vxrconvert said:
Yup indeed, or other exemptions are conservation area and I think you can get them also under some planning protection or the like. TPOs are more a council thing though for out in the public streets etc, so probably not one in place, not sure if an individual can apply for a TPO, something you would have to call the council on. But until a stage that one is in place, your neighbour can cut back the tree as mentioned above!
Anyone can apply to a local authority requesting that it puts a TPO in place There is a formal process to be gone through.http://www.treesforcities.org/tree-news-and-inform...
What it boils down to is convincing the local authority that the tree is worthy of preservation (e.g. it significantly enhances the neighbourhood). TPOs are most certainly not just for public streets. My previous property had 6 trees with TPOs in place (part of an avenue of 40 which had been planted long before any housing development in the area). I was on first name terms with my local authority tree officer!
Red Devil said:
Anyone can apply to a local authority requesting that it puts a TPO in place There is a formal process to be gone through.
http://www.treesforcities.org/tree-news-and-inform...
What it boils down to is convincing the local authority that the tree is worthy of preservation (e.g. it significantly enhances the neighbourhood). TPOs are most certainly not just for public streets. My previous property had 6 trees with TPOs in place (part of an avenue of 40 which had been planted long before any housing development in the area). I was on first name terms with my local authority tree officer!
Interesting, I didn't realise they were in such wide use! I wonder how many people have been prosecuted for attacking a tree with a TPO.? I also saw that if the tree. Is considered a 'nuisance' it appears you can still trim it, but not very clear on what defines a nuisance, don't know if a tree dropping loads of leaves on your land would fall into that category?http://www.treesforcities.org/tree-news-and-inform...
What it boils down to is convincing the local authority that the tree is worthy of preservation (e.g. it significantly enhances the neighbourhood). TPOs are most certainly not just for public streets. My previous property had 6 trees with TPOs in place (part of an avenue of 40 which had been planted long before any housing development in the area). I was on first name terms with my local authority tree officer!
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