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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

A CF post to lighten moods? Our tree has fallen onto neighbor's trees...tree remover says it's not our responsibility?

51 replies

Catsinthecupboard · 17/04/2020 19:31

This is just to distract us from the covid pain. I hope it falls into c.f. category?

Our neighbors split their property and after some shady dealings they built a home for their son. Surrounding neighbors (us included) objected as it was shoehorned into a wild, wooded area that buffered neighbors in rural area. It has inconvenienced all of us AND they claimed "hardship" in order to not put the home in a place that would have not crowded us.

Son is obnoxious, rude and has been unkind (dead rodents in our path, nothing I plant grows, purposely broken fence, pretty much constant harrasment until I finally brought law into it after he endangered our house/family. We suspect that he may have mental issues. He is married but seldom works. His wife is unfriendly, rude, and spends a lot of in skimpy swim suit on driveway by our fence?)

NOW, one of our trees in the woods has fallen from our property over our fence onto two of his trees. It did not hit the ground.

He asked my husband to pay for the tree removal Easter Saturday and dh agreed to call tree remover. Dh was actually VERY angry bc he felt that the placement of his house and his loud and obnoxious ways has disrupted our normally peaceful lives.

Neighbor put himself in the woods where trees normally fall as matter of course. He doesn't live in a neighborhood.

DH was professional and polite. Now the tree remover (decades of experience) said that it is VERY expensive (thousands) and would require a crane and as far as he is concerned it is not our responsibility. The tree has fallen onto his property, it just has not landed. If it had hit his shed or home, his insurance, not ours would take care of it.

We don't have any extra money. We are finally recovering from paycut and need it for our dc's education.

He has incredibly expensive things like boats and vehicles, even a time share helicopter! His home is not in danger. They do not have children to be endangered. He is worried abt losing his trees but he also broke rules and removed far more than he was allowed to remove (part of his unending noise.).

I suspected he was up to something as he was nice after 10 years of harassment. Now we know he was; it is his responsibility.

Should we offer to split the cost in an attempt to at last have peace? Do you think he would stop being so obnoxious? Would we be unreasonable to tell him that legally it is his problem? I feel guilty as it is our tree.

Is he a sneaky cf who should accept his legal obligation?

OP posts:
SweepTheHalls · 17/04/2020 19:33

Your tree has fallen into his fence, of course you should sort it!

RandomLondoner · 17/04/2020 19:35

Does your home/contents insurance not cover any legal liability you might have? I'd let them decide.

callmeadoctor · 17/04/2020 19:35

Im afraid that its your tree and you will have to pay for removal or damage, it has nothing to do with your argument that you didn't want to give planning permission to the neighbours.

Imboredinthehouse · 17/04/2020 19:37

How is it not your responsibility? Are you not in the U.K.?
It is your tree that’s causing the problem so of course you need to pay.

Alb1 · 17/04/2020 19:40

If it’s not your responsibility and you already don’t get on with him I wouldn’t pay.

Raella50 · 17/04/2020 19:41

It’s your tree?!

Thisismytimetoshine · 17/04/2020 19:41

Baffled that you imagine it's not your responsibility Confused. None of the nonsense in your op has any bearing on the matter whatsoever.

Nsky · 17/04/2020 19:41

It happened to my parents, on a drive of course they sorted, who else

RandomLondoner · 17/04/2020 19:45

It is your tree that’s causing the problem so of course you need to pay

The web site I've just googled says that if a healthy tree is blown over by high wind, the tree-owner does not have to pay. The insurer of the property it lands on pays.

What if it’s a neighbour’s tree that was diseased and fell into our property?

Thankfully, this scenario is rare. If a healthy tree blows over, your neighbours are not liable for the damage. It should be covered as part of your own buildings insurance.

However, if it was rotten, diseased or dead and you can prove that they failed to do anything to rectify the problem, you could claim that they were negligent and therefore liable for the cost of repairs. The same is true if they had been digging around it and left it in an unstable condition.

treesurgeryshenfield.co.uk/blog/who-should-take-responsibility-if-a-tree-falls-on-my-property-or-vehicle

theoldtrout01876 · 17/04/2020 19:47

Its same where I am, If my tree falls into neighbors property its their problem, not mine. but if theirs landed in mine then thats my problem

RandomLondoner · 17/04/2020 19:47

For the OP to have to pay, the neighbour has to prove that the tree was in a dangerous condition, and that the OP knew that, and was negligent in doing nothing about it.

Do the people saying she should pay think she should pay even if she's not legally liable? Knowing the neighbours wouldn't do the same in return?

1Morewineplease · 17/04/2020 19:48

Speak to your insurers. It sounds like you’re not in the UK and so the law might be different where you are.

Hiphopopotamus · 17/04/2020 19:49

Haha people are just making up laws here - no, you don’t have to pay and you’re not liable just because the tree was on your property. That’s not how it works. Sod him OP - don’t pay.

Imboredinthehouse · 17/04/2020 19:51

The insurer of the property it lands on pays

But it hasn’t landed on property. It is sitting on other trees.

lockeddownandcrazy · 17/04/2020 19:52

I'd take the word of the expert - ie the tree guy.

NoraEphronsneck · 17/04/2020 19:55

This happened to neighbours of mine. The one neighbour's tree landed on the opposite neighbour's van one windy night.

Their insurance told them they were not liable and that the van owners had to claim off their own insurance so I can well believe the tree surgeon saying the same.

Thelittleweasel · 17/04/2020 19:57

@Catsinthecupboard

It is very unwise to take advice from others [and I include myself] where the law is involved.

There are a couple of laws "the owners liability cat" and "the occupiers liability act" which do suggest that you may well be laible. You really - if £thousands are involved - need a solicitor's advice which can be got in writing by letter

Thelittleweasel · 17/04/2020 19:58

The owners liability cat = I wish!

!"Act"

GreenTulips · 17/04/2020 20:00

Have you checked your insurance?

Usually they pay out and claim back off the house holders insurance.

It’s work an ask

Samtsirch · 17/04/2020 20:01

I would see if the tree surgeon would communicate with them on your behalf, I wouldn’t want to get in to a discussion with them myself.

Travis1 · 17/04/2020 20:01

Sounds like a bit of comeuppance. You know they won’t change I would t do anything 🤷🏻‍♀️

thecatneuterer · 17/04/2020 20:08

I can easily believe you're not liable. Just like if you have a leak in a flat and it floods the flat below you, then the insurance for the flat below(ie the flat that has suffered the loss) has to pay. Their insurance can claim against yours only if they can show you have been negligent.

If you don't have to pay, or do anything, then don't!

HelpMeFindASchool2003 · 17/04/2020 20:11

A neighbours tree landed in my mums garden only a couple of weeks ago. Sadly my mum was the person responsible to pay for it's removal. I can't believe this is the correct way. But it is. I do believe the owners of the tree should be responsible.

KitKatKit · 17/04/2020 20:14

I have experience of this, and your neighbour's insurance should pay for it. Not yours.

cstaff · 17/04/2020 20:20

If you are not responsible then don't pay. I love karma...

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