Neighbour's tree

[onceinablue]

My next door neighbour has a tree which is growing within 3 feet of my home. The tree is now so tall that the branches are resting on the roof of my bungalow. I have spoken to my insurance company legal department and they have told me to write him a letter asking him to arrange pruning or removal of the tree at his own cost. When I write to him do I tell him he has 7 days to do the work from the date he receives the letter?

The tree surgeon would be able to advise if the tree is unsafe to climb, they still won't cut down the entire tree as it doesn't belong to you.

Op you cannot just remove their tree, it will be deemed a criminal act and you could be charged thousands.

you have to do what your insurer says, explain to them again it’s rotting and posing a risk, give them time to remedy it, and also ask your insurer what is the next steps if they fail to act. You may have to take legal action.

You won't be able to remove it all legally. You can legally cut back any part that is overhanging your property and have to offer the branches back to the neighbour (a legal throwback from when everyone used wood for fires).

Therefore there should be no need for the tree surgeon to go on to the neighbours property as they can only cut back what is already over your side.

A tree surgeon also won't cut back at certain times of the year depending on the tree's life cycle and nesting seasons.

So I don't understand why they would need to go on the neighbours property to cut back what is overhanging yours.

I have seen a company that mentions work is carried out to BS 3998 standards and has £10m worth of public liability insurance. Is there anything else I should be looking for before I ask them to come round?

@Spirallingdownwards I think the OP explained her garage wall is the boundary so there is no land for the tree surgeon to physically stand on, on the OP’s side.

It's actually my bungalow wall that is on the boundary.

A tree owner has a duty to do what is reasonable in all the circumstances to prevent or minimise the risk of interference with or damage to the property of his neighbour where: (a) he knew of the encroachment of the tree roots or branches or ought to have been aware; and (b) there was a reasonably foreseeable risk of damage to property or enjoyment of it as a result of the encroachment.

The steps which a tree owner will be expected to do will be proportional to the foreseeability of the risk. If a risk of damage is there but is unlikely to happen then the tree owner will not have to take the same steps as he would be expected to if there is a real and imminent risk of damage. For example, a tree owner would not be expected to remove all his trees on the basis of a suspicion that a small number of them may cause damage.

If damage has been caused to your property you should notify the tree owner and they will need to respond to that damage in a reasonable way and take action to avoid the problem becoming worse. A court has ruled that the party causing the nuisance is entitled to notice of the nuisance and a reasonable opportunity to abate it before any liability for remedial expenditure can arise.

If the tree owner is not co-operative action can be taken to obtain an injunction (to stop the nuisance continuing) and/or to obtain damages to compensate you for your loss.

Not 7 days. Trees need to be pruned or cut back at specific times of the year otherwise there can be longer term damage.

So yes as the OP also mentioned the tree surgeon would need to do this by using scaffolding or platforms on her roof if she goes down the route of cutting back from her side.

If your neighbour doesn't respond then you need to get back to your insurance company and see what they say.

Do you have legal expenses cover with your buildings insurance?

Good luck getting a reputable tree surgeon within 7 days, a couple of weeks before Christmas. Especially in this weather.

I assume the tree didn't grow overnight.

Totally pointless making up arbitrary deadlines when the neighbour is under no obligation whatsoever to do anything.

@Spirallingdownwards wouldn’t scaffolding need to be supported on neighbour’s land?

It's very likely they won't need scaffolding depending on the tree they can legally climb the tree, they would use a ladder to get into it then anchor in with a harness and climb it the neighbour can't really do anything about that.

Op, honestly, you cannot remove their tree and no reputable surgeon will enter someone else’s land and remove their tree without their permission. Seriously the trouble that ensues if you do this, will cost you a small fortune.

you can have any over hanging branches removed. If they over hang in your property you can have them removed without permission but you need to offer them to your neighbours, and if they decline, then dispose of yourself

Also as previous poster said our company is now booking up for February it's unlikely you would even get anyone decent to quote in seven days and you do absolutely not want anyone who doesn't know or what they are doing that close to your house.

You are entitled to cut off any branches that overhang your property.

Why don’t you just organise it yourself?

No it can take months to get a tree surgeon

i would give him 7 days to respond to you that he has the letter and will take action

thats said you have the right to remove the branches yourself ( with you laying) as long as you give them back to him. So personally I would arrange and pay for the work with the branches dumped on his front garden if it’s causing lots of issues

Personally I would write and explain you have been advised to formalise previous correspondence on this. You understand from verbal conversations that he plans to remove this tree but that this has not happened yet. Explain that you are informing him that you will be taking action to have the overhanging branches removed on X date , assuming the tree has not been removed by that data and that this may result in a reduction in the tree's asthetics. Confirm you will be providing the removed branches back to him, as his property.

Make X date reasonable: I'd go for end February. I'd then send a reminder letter at the end of January to confirm the work is still going ahead on X date.

OP, your neighbour is entitled to grow his tree up to his boundary, so the only thing you can do without his permission, is prune any overhanging branches that are touching your boundary.

For anything else, you need his permission.

Maybe 7 weeks op not 7 days😂

Pretty certain she can access her own roof from her own property.

I am talking about the situation whereby she is simply removing the branches that are overhanging her property.

She only returns the branches if he wants them otherwise she has to deal with or pay for their disposal if he does not

This is incorrect. She has to offer back the branches but if he doesn't want them she pays for them to be disposed of or disposes of them herself.