Council damaged my 25years old tree.

[DamagedTree]

Contractors are doing some repairs on a common wall between our property and property belonging to the council. They have asked for access to our garden so they can erect scaffolding and start repairs. We gave them access as requested. All was well until, over the weekend, we discovered they have cut half of branches of our japanese maple tree! It's a mature japanese maple at least 25 years old, likely more.

The tree was not in a way of scaffolding. It could have been easily built around it. The only reason I can think of as to why, is it was easier to cut it than walk and build around it.
I had contracts manager and representative from the council have a look at it and they admitted it should have never happened and apologised. They are asking what compensation we want. Offered to plant another tree.

The problem is this will really impact on the landscape of the garden. It's a prominent feature of the garden providing shade in summer and if they plant a new one it will not be in the same place and will take YEARS to go anywhere near a decent size.

At the moment they are arranging a tree specialist to have a look at the cut one to ensure they haven't actually killed it. Also we won't provide access to our property until they prove to us the have provisions in place to prevent it from happening again.

I don't know what I could ask for in terms of compensation. I really loved that tree. AIBU to ask for money?

I would be asking for a replacement like-for-like. So not just a replacement tree, but replacement with a mature tree that will provide the same level of enjoyment and protection as the tree that they damaged. It won't be the same shape, and it WILL cost them a lot of money, but it should be do-able.

I’ll be wanting heads to roll over this.

It seems it was sheer laziness and carelessness that caused it.

I second biddy pop, absolute like for like!

Can you contact a local expert and ask for them to come and assess the tree and how much it would cost to have a landscaper come and uproot and replant one of a similar size?

I concur, investigate the possibility of transplanting in an equivalent mature tree, and tell them that's what's happening.

And absolutely no access for the contractor.

I'd ask for money personally. They'll probably be willing to pay a fair amount as they have admitted liability.

Even these little ones cost £250
www.ornamental-trees.co.uk/acer-palmatum-dissectum-lace-lady-tree-p911

Like for like tree solves your problem and also would give you a base figure to pursue in court (plus costs and an additional compensation payment for your time etc).

Thanks for replays. I'm in between absolutely raging about the whole thing and getting really really sad as it was such a beautiful tree. I have been trying to find an equivalent tree online to get an idea of value but the biggest one I could find is much smaller than ours, less than a third. It's on for £2350.

www.paramountplants.co.uk/plant/apdv/acer-palmatum-dissectum-viridis.html

Problem with requesting like for like is that the tree is in a unique position in the garden, part of it surrounded by old stone floor. We live in a grade 2 listed property and that stone in the garden is original..

They offered to plant a new tree in a different place. Offered to turf grass on our lawn..asked what do we want basically.

Once the tree expert arrives I will find out more about the age and value I suppose. 25years is a minumum age but it's very likely older. They really are slow growing.

I will tell the council we are investigating possibility of transplanting an equivalent tree and see what they come back with.

I know this won't go down well with some people, but I wouldn't ask for comp.

Yes it's a shitty thing that's happened and it's not fair on you, but the money that goes to you for comp will be coming out of another budget which could be put to much better use.

I know that seems like the council won't learn their lesson and you won't get what you deserve etc, but on balance I don't think I could take money out of a council budget given the situation they're all in.

I suppose the money and compensation should come from the contractor's profit.

We had similar, BT cut our 35yr old tree ( very badly, by phone engineers ) which was in our garden without asking us as some branches were in the way .It could have been avoided by accessing line in slightly different way. I got nowhere complaining, it was very difficult even finding who to complain to . It was a mature tree and beautifully shaped, now it looks hacked and lop-sided. If trees had a monetary value they would be better appreciated by arboreal philistines.

But derelict, the Council (or workers on its behalf) caused ACTUAL DAMAGE to the property of the OP. Why the heck shouldn't she be compensated in order to put that damage right, as it was before they caused it?

Not necessarily additional damages - just the costs of making good their mistake (or the mistake made by persons acting on their behalf).

How is that not fair?

Should I not seek to have my car to be repaired if a Council truck reversed into it and damaged the front wing/headlights and bumper making it undriveable in that state?

Should I not seek to have my gates repaired if work being done on the road causes the pillar to sag and gates fall off?

Or whatever other damage caused by the Council, or people working on their behalf, working on something which is not my property but which results in damage TO my property because of how they have done their work???

YANBU - take them for a replacement. Acers are beautiful - and quite temperamental. When you've extended the courtesy of access and they've shown disregard for your property it makes it even more galling.

Oh but it's only a tree, Biddy.

For some people they are not important.

You are right to be furious, I would be enraged and upset too.

I would go for replacement with a youngish tree, but they need to do it properly - dig out the old one, replace some soil, plant a decent sized replacement (but i would definitely go for a younger one, older ones might not take so well), repair any damage to the stonework. I wouldn’t ask for money on top, it just seems a bit trashy to do that.

I'd be very reluctant to have them dig up the old tree if the expert says it's still alive and growing. Do you have a photo to get a better idea of any other options?

How bad have they cut the branches back? Most trees can come back from a fair bit of pruning. One of my horses ate all the branches off a beautiful weeping cherry that I had, it looked like a bog brush afterwards, but the following year it came back magnificently and actually looks better than my mum's tree that was planted at the same time but never got eaten. It might look a lot better by next summer. Does the tree really need uprooting and replacing? (I'd be annoyed too and would have rung up, by the way)

Get your own consultant out and see what they have to say. From what you've written it sounds like the contractors are extremely apologetic so reasonable compensation should be forthcoming

OP try www.majestictrees.co.uk , they will set you up with a beautiful mature tree. Nationwide delivery. We have several of theirs and are very happy.

Hmm, that link is giving me a security warning.

www.majestictrees.co.uk

Try that one, or just Google.

Good luck, the council recently cut down a tree in my garden because the mistakenly thought it was on council property. I have received a sorry (not really sorry) apology for my trouble. I don’t want compensation though, I just need to be able to find a way to go back in time and stop the bastards.....

Who says trees are not important?

Go on then, who?

Why I outta.....put up them dooks!!

(Completely misses the point about sarcasm Scrappy Doo style!! )

Let’s be having them!

Thanks HoneysuckIejasmine

On that website they have one like ours but still a fair bit smaller. It's on £9001 + VAT...