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Legal matters

Next Doors Tree

3 replies

Piercy · 01/09/2013 00:07

Hi

Don't know if anyone is able to help. Next door have rented out their property for about 3-4 years and in that time they have had 3 tenants the last lot moving out this weekend.

The landlords have been up this weekend to discover a big tree that is in their garden but very close to our boundary line is dead and another one further along trimmed.

Tenants have said not them, and LL have accused us of killing 1 tree and trimming the other (they stood on our doorstep tonight). They have it in writing from tenants that they haven't touched the trees. To be fair when they lived their we were saying to them could they trim the trees, and we did/do trim what comes over our side of the fence.

They are now threatening us with legal action - they don't ever have the place inspected so there is no documentation of when the tree started to die etc.

I'm not sure how this accusation is going to carry water as surely they would have to prove that we killed the tree (which we didn't). They don't believe us I think they want to blame someone and we are easy targets, they come up once a year when tenants move out. We know they are in a massive amount of debt and I feel that they are trying "where there is blame there is a claim"

Any advise would be appreciated

Thanks

P

PS thanks for keeping at it and reading this far down! Smile

OP posts:
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WestieMamma · 01/09/2013 07:07

They're having a laugh, or they may actually believe their nonsense. First they would have to prove on 'balance of probabilities' that you did it. A statement from the tenant confirming they didn't is proof of nothing. Then they'd have to show financial loss and that's all they can claim for.
Trimmed tree: financial loss: ?0
Dead tree: financial loss: ?cost of new tree (I bought an ornamental rowan last year for ?35.

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Spottypurse · 01/09/2013 07:10

Laugh at them and send them on their way. Tell them to prove it.

They won't get anywhere.

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purplewithred · 01/09/2013 07:31

Oh and you are legally entitled to trim whatever of their tree overhangs into your property, as long as you chuck the trimmings back over the fence into their garden give the trimmings back to them.

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