Neighbours fallen tree has trapped me and my neighbour in our homes

[FinanceHo]

The drive we share is completely blocked by this behemoth tree-

neighbour has said they rent and the clear up is nothing to do with them

i I can’t get to work

any advice

I’m fairly certain if I got a friend the drag the tree off into the main road it would get shifted fairly soon.

anyone had similar

I feel for you OP.

Today I would get onto facebook and find a local group, put a picture on, explain you are new to the area, what you’ve already done, and a call out for anyone who might be able to suggest how to resolve it so that you can be free to go to work tomorrow. You might meet some new people if nothing else.

It’s not up to the landlord to sort this though. It’s an act of god therefore the landowner is not responsible. The OPs house insurance will most likely cover this cost.

This. Some really bad advice on the thread. The letting agent has no responsibility other than to contact the landlord to make them aware of what’s happened. From there, it doesn’t matter whose land the tree grows on, if it’s healthy and there has been no negligence on the part of the tree owners - in other words the weather caused the fall - then they have no legal obligation to clear up anything other than the parts of the tree/damage on their own land. If OP is going to take photographs of the tree, then she should concentrate on any evidence of decay or rot to use as evidence of potential negligence and then get advice from her home insurers.

The specifics of the tree are unusual but the general situation of not being able to get hold of the owners of neighbouring properties are annoyingly common! At one point the houses either side of my were both rented, when the fences needed replacing one was empty and the other "didnt know" who the landlord was and refused to give me the details of the agency.

People on here always suggest contacting land reg but say its only £9 - it was £25 when I checked and that only gave you an address for the owner, which I wrote to with no response.

And what happens when they contact the landlord ? If the tree is healthy and was felled by bad weather he isn’t legally responsible for moving any part of the tree or addressing any damage beyond his own property. Unless there is evidence that the tree was in a dangerous state, the usual procedure is to contact your home insurers and arrange for your own property to be cleared.

I doubt a car can climb over a tree…. And the OP needs it to go work

Btw I couldn’t climb over a tree. Not everyone can.

So WHO is responsible?

Seriously, who has the responsibility to remove the tree blocking two houses?
If the tree had fallen on the cars, wouldn’t the landlord be responsible?

Citizens Advice?
Contact your insurers?
Sorry if you have tried these. I have not had time to read the whole thread.
Good luck

I had a tree come down in the garden. Advertised it on FB as free firewood to whoever wanted it, and had someone snap it up the same day. Worth a try?

I know it’s meant to be funny but if I was the OP I wouldn’t see it that way.

The OP is on MW, doesn’t know how to get to work. Can’t afford £80 for a taxi (£40 each way).
Of course she is anxious and stressed.
That sort of joke never lands well when you’re in a shitty situation.

When a tree fell on my drive I got it moved myself. You could try phoning the council. Legally it's up to you to move it though. You can claim on your home insurance.

Who owns the tree? Is it part of the neighbouring property or just a tress in the street/nearby.

Its not the tenant's responsibility to arrange removal of the tree but it is their responsibility to report it to the agent as a potential danger to the property and to access. That's what agents are paid for, They should contact the LL and take it from there.

Many years ago when I was renting I several times reported a tree in the garden with overhanging branches. I paid extra in my rent for the garden to be maintained. A courier knocked on my door and complained that he had injured himself walking into the branches. He was probably disappointed when he discovered it was a rental house. I gave him the address and phone number of the agents and told him to contact them as I was not responsible having reported the hazard multiple times. I also emailed the agency and told them to expect a call. I never heard any more from the courier but the following week a gardener came and lopped off the overhanging branches. I assume the agent dealt with any legal complaint with the courier.

If you're in Scotland, there is a national register of landlords 'Landlord Registration Service' where you can look up who they are.

Not sure if you're in Scotland but if not, maybe check if there is an English/Welsh equivalent.

The landlord needs to sort it. But what would you do if your car wouldn’t start? You do that.

If the tree is deemed to be healthy and the weather solely responsible for the fall, as opposed to it rotting to a dangerous state and the landlord not doing anything about it, then no, the landlord is not legally responsible for any reparations on anyone else’s’ property caused by the tree. The law says that the properties affected are all equally responsible for the removal of the parts of the tree on their own land and clearing up any damage caused.

Three years ago, during high winds, a large tree owned by a neighbour at the back of us crashed through our bottom fence smashed a greenhouse and landed in the middle of the back garden, demolishing part of a low decorative wall. The tree was well maintained and it was deemed an Act of God, therefore no responsibility on the part of the neighbour to make any reparations. Our home insurance covered the removal of the parts of the tree on our land and the damage caused, and the neighbours’ insurance covered theirs.

Send an email to the letting agency saying the tree is blocking access to your car which you need for work. The tree needs to be removed today and you will be billing the house owner for each day of lost work. Phone them every three or four hours also.

If an act of god then whoever owns the land. If the OP owns her property then it's her responsibility to remove the part of the tree that is on her land. She could simply call her insurance to action this - but she doesn't seem keen on it so it will just sit there unless someone else wants to move it.

Which will do nothing more than give them a good laugh.

Why? How is calling the council relevant?

OP, when trees fell down in our village after a storm, I was told by the contractor to just throw anything in the alleyway behind our houses because the local council then have to do something about it. And they moved very quickly. So if the problem doesn't get rectified, I'd consider your friend's offer of help to move it.

😆😆 That should raise a few laughs!

For me these snarky responses are one of the most obvious differences between sites like this now and 15 or 20 years ago. When you go back and read Mumsnet threads from then, you find the whole tone is much friendlier. People seemed usually to give each other the benefit of the doubt for quite a long time in the absence of any reason not to.

Basically people used to interact on here more like the way they'd interact in real life with a group of friends or colleagues or just peers - people socially invested in being polite to each other by default. When you're in a group like that somewhere in real life, even with some people you don't already know, you don't usually get people being randomly accusatory or snarky the way you do in threads now, or if you do it really stands out and everyone thinks wtf!

Now it seems like there's far more surliness and suspicion and a feeling that it doesn't really matter if you're rude to people because we're all strangers.

@ThreadGuardDog I could be wrong, but I believe that the landlord will technically own the tree, even if he’s not obliged to pay entirely for its removal. And as such, OP may need to get his permission to dispose of the wood. I’m pretty sure that’s the case if you cut the branches of a neighbour’s tree that overhangs your garden.

I can't think of a definite answer, but you could try contacting your local councillor. I'm not sure whose actual responsibility it is, but they might know. Worth a try.

There ought to be the same throughout the UK imo. It's crazy that it's so difficult to find out who's responsible when there's a problem with a rented property that's affecting neighbours.