If a tree on our boundary fell...
Discussion
... onto our neighbours house, would they claim on their insurance or would our insurance pay out?
Secondly, if our neighbour offered to trim our sycamore trees that form a boundary between the gardens and he had an accident, say lost a limb due a chainsaw or broke a leg falling off the ladder, who would be liable?
Us as we are responsible for the boundary and they are our trees, or him as he offered to do the trimming?
Secondly, if our neighbour offered to trim our sycamore trees that form a boundary between the gardens and he had an accident, say lost a limb due a chainsaw or broke a leg falling off the ladder, who would be liable?
Us as we are responsible for the boundary and they are our trees, or him as he offered to do the trimming?
In both cases, if you were negligent, your insurers would pay. If you weren't they wouldn't.
If the tree was in a poor state and you did nothing about it, you would be negligent. But if it fell in a storm without warning, then you're not.
Same with chainsaw. If you were distracting him or shaking the ladder for a laugh, then negligent. If he just makes a mistake, then not.
If the tree was in a poor state and you did nothing about it, you would be negligent. But if it fell in a storm without warning, then you're not.
Same with chainsaw. If you were distracting him or shaking the ladder for a laugh, then negligent. If he just makes a mistake, then not.
Edited by TwigtheWonderkid on Friday 23 February 16:44
Thank you.
The trees are fine, the neighbours have wanted to cut them down to size for years. They fell out with the previous owners of our house over the matter and they are doing a good job of falling out with us too.
Months ago we agreed they could be trimmed down a little and give the Ash trees more room to grow. The neighbours said great, we'll go halves and a friend of a friend is a tree surgeon, we'll get him to do it.
Nearly a year later, yesterday they collared my wife and said he can chop them down tomorrow. My wife quite rightly said no, we're in the middle of doing other stuff to the house now and it's too short notice, we need to properly agree on what exactly is being cut and by how much.
The neighbour then said okay, if it's a question of saving money then <<neighbours husband>> will do the job for free. Again, we said no, it's just as short notice and it's not about money, it's about having the job done properly.
Neighbour then started to get a bit threatening with 'Well, if there's a storm and it falls on our house you'll have to pay..' etc etc. This then made us think if she's going to use insurance claims to frighten us into getting them cut down then what would the implications be if the husband cut them and injured himself – hence the post.
Thanks to her antagonistic approach the trees aren't being touched. We've told them numerous times we like them, they've been standing for many, many years and if they are trimmed down we'd only be doing it to make them happy.
The trees are fine, the neighbours have wanted to cut them down to size for years. They fell out with the previous owners of our house over the matter and they are doing a good job of falling out with us too.
Months ago we agreed they could be trimmed down a little and give the Ash trees more room to grow. The neighbours said great, we'll go halves and a friend of a friend is a tree surgeon, we'll get him to do it.
Nearly a year later, yesterday they collared my wife and said he can chop them down tomorrow. My wife quite rightly said no, we're in the middle of doing other stuff to the house now and it's too short notice, we need to properly agree on what exactly is being cut and by how much.
The neighbour then said okay, if it's a question of saving money then <<neighbours husband>> will do the job for free. Again, we said no, it's just as short notice and it's not about money, it's about having the job done properly.
Neighbour then started to get a bit threatening with 'Well, if there's a storm and it falls on our house you'll have to pay..' etc etc. This then made us think if she's going to use insurance claims to frighten us into getting them cut down then what would the implications be if the husband cut them and injured himself – hence the post.
Thanks to her antagonistic approach the trees aren't being touched. We've told them numerous times we like them, they've been standing for many, many years and if they are trimmed down we'd only be doing it to make them happy.
Edited by DrSteveBrule on Friday 23 February 17:08
Get a Arboricultural consultant to survey and write a report on the trees.
The survey will identify any defects that may or may not be there. If there are he will give you Recomendations for the type of work to be carried out. These works should be done in the time scale that your given.
Either way you will have discharged you duty of care. Then you can tell your bullying neighbours to do one.
The survey will identify any defects that may or may not be there. If there are he will give you Recomendations for the type of work to be carried out. These works should be done in the time scale that your given.
Either way you will have discharged you duty of care. Then you can tell your bullying neighbours to do one.
Unless the tree is protected by a Tree preservation order or is in a conservation area. If it was protected thy would either have to apply to the council starring the work that they want to carry out and should be in line with BS3998 or section 211 notice to the council with there intention of work. If the work was granted in respect of the TPO, they can carry out the work but may not enter into your garden or attach themselves to the tree.
PArbor1 said:
Get a Arboricultural consultant to survey and write a report on the trees.
The survey will identify any defects that may or may not be there. If there are he will give you Recomendations for the type of work to be carried out. These works should be done in the time scale that your given.
Either way you will have discharged you duty of care. Then you can tell your bullying neighbours to do one.
But in that situation I doubt if you would be able to get your neighbour to pay for the necessary work to your trees.The survey will identify any defects that may or may not be there. If there are he will give you Recomendations for the type of work to be carried out. These works should be done in the time scale that your given.
Either way you will have discharged you duty of care. Then you can tell your bullying neighbours to do one.
The first step would be to contact the council and ask if there is a TPO on the trees. After that, land-owners have a duty of care to ensure trees don't constitute a danger, usually coped with by a five year or so Tree Survey/Hazard Assessment.
A survey will provide firm recommendations like crown thinning or ivy removal to reduce windage.
Just lopping off branches can cause disease and hasten limb failures, and cause more expense/disputes in the long run.
Taking the 'recommendations' of a pissed-off neighbour with a chain-saw might not be the best way to proceed. More info here:
https://sites.google.com/site/johnstonarb/hazard-a...
A survey will provide firm recommendations like crown thinning or ivy removal to reduce windage.
Just lopping off branches can cause disease and hasten limb failures, and cause more expense/disputes in the long run.
Taking the 'recommendations' of a pissed-off neighbour with a chain-saw might not be the best way to proceed. More info here:
https://sites.google.com/site/johnstonarb/hazard-a...
hutchst said:
PArbor1 said:
Get a Arboricultural consultant to survey and write a report on the trees.
The survey will identify any defects that may or may not be there. If there are he will give you Recomendations for the type of work to be carried out. These works should be done in the time scale that your given.
Either way you will have discharged you duty of care. Then you can tell your bullying neighbours to do one.
But in that situation I doubt if you would be able to get your neighbour to pay for the necessary work to your trees.The survey will identify any defects that may or may not be there. If there are he will give you Recomendations for the type of work to be carried out. These works should be done in the time scale that your given.
Either way you will have discharged you duty of care. Then you can tell your bullying neighbours to do one.
If I liked the trees this is what id do just to annoy the already annoyed neighbour.
By getting a tree report you have discharged your duty of care, you know wether any works need to be carried out to the tree or not. You won’t feel pressured into getting any unnessesary work done by the neighbours. You can tel them to sod off and they can then prune up to the boundary and no further.
Brads67 said:
It`s unfortunate when neighbours plant trees on the boundary which you can do nothing about.
They never wanted trees inflicted on them, perhaps blocking light, causing mess, structural damage etc.
Try being sympathetic and get the trees cut sooner rather than later and keep the peace.
The trees have been there since the houses were built, circa 1850. They've always made up the boundary between the houses. As for blocking light - their garden gets more sun than ours. In fact we'd benefit from more sun in the summer evenings if the trees were trimmed.They never wanted trees inflicted on them, perhaps blocking light, causing mess, structural damage etc.
Try being sympathetic and get the trees cut sooner rather than later and keep the peace.
I think we'll get a report carried out and take it from there. Thanks for the suggestions.
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