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Another high hedge issue

Discussion in 'In the Garden' started by Osteosingh, 26 Dec 2017.

  1. endecotp

    endecotp

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    Serious question, how old is he?
     
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  3. Osteosingh

    Osteosingh

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    Late 60s id say
     
  4. HERTS P&D

    HERTS P&D

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    So could be another 25 years?

    You might go before him,...........................sod that. Chop, Chop, Chop, Chop.

    Andy
     
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  5. Any good at topiary? You could have a lot of fun...... :)
     
  6. KenGMac

    KenGMac

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    Or, I suppose you just wait for the next 80+ MPH gale to roll on in?

    On a less violent breeze, suggest you keep all and any documentation you have regarding this tree issue, why? because if you have to make an Insurance claim you can prove that you have used your best endevours to have the trees !managed" and any drain issues, or Subsidence Etc can allow your insurer to re-claim any funds they expend from your neighbours insurance Company.

    As an aside? are the roots of the trees affecting in any way paths or beds or grassed areas in your property?

    Ken.
     
  7. Osteosingh

    Osteosingh

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    Yes the roots were in the lawn and coming out but just had them ground down this Saturday so we can reseed the lawn. There is some path movement as well which is no doubt due to the tree roots
     
  8. James Martin

    James Martin

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    People have a responsibility to maintain any trees on their property. Take some photos of the path damage, and even though you had the roots ground down, remove some earth from around them, and take some photo's. Send the photo's to you neighbour, together with a letter, and give him 30 days to come back to you with his proposals, for the immediate reduction of the trees, and an ongoing management plan. In the meantime get a quote for the repairs required to your lawn and path, and send a copy of that to him. Tell him you will give him 30days to send you the money for the repairs, or without further notice, you will issue a county court claim against him. That should wake the shelfish bastard up. Who cares if you fall out with him. He obviously could'nt give a toss about your house. My advice is go in hard, very hard, right from the start. I wasted over £20,000 on something very similar, on very expensive central London Lawyers. Sending nice letters, and getting no action. I would also get a structural engineers report on the current condition of your house, tell the old bastard that you have had one done, and that you will be holding him responsible for any damage that his trees cause in the future. I'm sure you will get all the bleeding hearts saying, "oh well, the trees were there before you". Don't be soft, hit him hard, and get him to take action now. The county court summons, should wake him up, and get him focused.
     
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  9. JohnD

    JohnD

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    says who?
     
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  11. Tigercubrider

    Tigercubrider

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    From a legal site

    It is an offence to top, lop, uproot, wilfully damage or destroy any tree in a Conservation Area without having first given notice to the local authority, or any tree already subject to a TPO. There are limited exceptions, such as where a tree is dead or dying, dangerous or a threat to life or property. The Magistrates Court has power to impose fines of up to £20,000 per tree, but if the proceedings are brought in the Crown Court, there is no limit to the fine which can be imposed. Felled trees must be replaced.

    A property owner is responsible for any tree on their land, in the same way that they are for anything else on their land. A prudent property owner will take reasonable action to ensure that no tree on their land will cause harm or damage to any neighbouring land or buildings. A wise property owner will also avoid things which may cause friction with neighbours. Apart from the many other considerations, legal action, whatever the form, can be extremely expensive.

    If your tree has branches or roots which encroach on your neighbours property, your neighbour is quite within their rights to cut back the encroachments, from their side, without giving you any notice or warning, although they are obliged to return the cut offs to you. This is a right that exists under ‘common law’ unless precluded by something else, such as the provisions mentioned above in respect of Conservation Areas or by TPO. However your neighbour in exercising this right is also responsible for the action they take and any damage caused, for example if their action were to affect the tree’s stability.

    Furthermore, if the roots from your tree encroach on your neighbours land and cause damage to their property, you can be potentially liable for this. Common problems are damage to drains, or subsidence in buildings. You can be liable for the damage caused even if you were not aware of it, if this was reasonably foreseeable, and you could have taken reasonable steps to prevent this. The responsibility is on the owner if they know or ought reasonably to know of the damage, and have a reasonable opportunity to deal with the issue. Actions could be brought for the costs of repairing damage, or in urgent cases your neighbour could seek an injunction.

    If you have a number of tall trees forming a hedge, and these are evergreen, over 2 metres high and detract from a neighbours reasonable enjoyment of their house or garden, your neighbour can complain to the Council under the Anti Social Behaviour Act 2003. The Council can make an Order to reduce the height or otherwise impose requirements for its management. If any tree is posing an imminent danger, the Council also has power to make an immediate Order against the property owner requiring work to be done to a tree

    Property owners should regularly survey trees with the benefit of professional advice, to check whether they are causing damage, or likely to cause damage to surrounding property. Tree owners should be prepared to manage trees properly to reduce the risk of damage or harm, and any possibility of liability. The costs of proper management are monies well spent compared with the vast potential for liability if ever court action were taken.
     
  12. JohnD

    JohnD

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  13. JohnD

    JohnD

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    As I said, "says who?"

    I have no obligation to mow my lawn, paint my house, or stain my fence.
     
  14. Osteosingh

    Osteosingh

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    I disagree, the council has said if I make a complaint they can force the owner to bring the hedge down under anti social behaviour or the high hedge act . You do have a responsibility to maintain your trees
     
  15. JohnD

    JohnD

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    Show me a law that says so.

    Not all trees are High Hedges.
     
  16. Osteosingh

    Osteosingh

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    and if you bothered reading the high hedge act it clealry defines what constitutes a high hedge. ignorance of the law is not a defence
     
  17. JohnD

    JohnD

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    Show me a law that says a landowner or occupant has a responsibility to maintain all trees.
     
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