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#344876 - 26th Aug 2009 12:05pm Dangerous tree
RUDEBOX Offline
Wiki Master

Registered: 29th Aug 2008
Posts: 19050
Loc: Bob Land
A neighbouring property has very old, very big trees that overlook our drive.
Our housing ass has contacted the owner to trim them as they block out all of our natural daylight.
I got up today to find a 8 foot long branch on my drive- broke off his tree!
Does this give me any 'rights' re asking the trees to be trimmed?
Weight with environmental health etc?
Will the h.a have responsibility now due to the health+ safety risk to us?
Thanks.
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Mia Mabel


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#344888 - 26th Aug 2009 12:24pm Re: Dangerous tree [Re: RUDEBOX]
BandyCoot Offline

Forum Veteran

Registered: 7th Dec 2008
Posts: 5346
Loc: Birkenhead
I'm pretty sure you have redress. I had similar with BR and an oak tree, they had to send someone round to sort it out because they are liable if anything happens to you after you have warned them about the danger. It shouldn't be overhanging your property and once it becomes unstable like that, bingo.
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Birkenhead........ God's own Room 101.

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#344942 - 26th Aug 2009 3:11pm Re: Dangerous tree [Re: BandyCoot]
PaulWirral
Unregistered


Most important that either you or the Housing Ass. take pictorial evidence of the overhanging branches. I take it that no pics were taken of the fallen branch that befell onto your property?

If there is redress then you have documented evidence. I use to work for Maritime Housing Ass. and all I ever did mainly was take pictures for evidence!

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#344962 - 26th Aug 2009 4:07pm Re: Dangerous tree [Re: ]
RUDEBOX Offline
Wiki Master

Registered: 29th Aug 2008
Posts: 19050
Loc: Bob Land
Whats redress?

Every year the h.a come + inspect the property and are well aware that his trees block out our light.
They have wrote to him, knocked at his property-even offered to get the tree surgeon and invoice him. Always fobbed off, get no joy.
I emailed them about the branch incident, no reply as yet.
I will take pic of branch-thanks.
Its one of the lower ones-god help us in the winter.
Also-next doors car-bet the insurance wudnt pay out!
Would it be down to me to involve e. Health or the h.a? And are e.health even the rite people to involve?
_________________________
Mia Mabel


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#345055 - 26th Aug 2009 8:41pm Re: Dangerous tree [Re: RUDEBOX]
paranoidballoon Offline
Smartchild

Registered: 23rd Feb 2008
Posts: 465
Loc: prenton
most house insurance policies will give you free legal aid or advice on garden issues. The high hedge laws are only if you have two or more evergreens in a row and cost a 300 non refundable to just have a look.I paid to have my tree damage done won my case and still have nowt after two and a half years and five vissits to court.Send him a signed for letter telling him what the situation is, if he does"nt reply or do anything the onus is on him.Tesco sight used to do a legal letter about branches and roots. keep a copy and if he is anything like the A/H next door to me GOOD LUCK

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#345203 - 27th Aug 2009 11:24am Re: Dangerous tree [Re: RUDEBOX]
BandyCoot Offline

Forum Veteran

Registered: 7th Dec 2008
Posts: 5346
Loc: Birkenhead
Redress is just to get put right or compensate. Hope you get it sorted mate, it's a pain in arris when people don't just do the right thing.
_________________________
Birkenhead........ God's own Room 101.

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#345291 - 27th Aug 2009 4:29pm Re: Dangerous tree [Re: BandyCoot]
golfvr Offline
Forum Addict

Registered: 13th Oct 2004
Posts: 1522
Loc: Birkenhead
Any branch that over hangs your property, can be cut down/off. The branch that is removed -MUST- be thrown back over the fence to there side, as its still there property.
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#345297 - 27th Aug 2009 4:36pm Re: Dangerous tree [Re: golfvr]
RUDEBOX Offline
Wiki Master

Registered: 29th Aug 2008
Posts: 19050
Loc: Bob Land
It would need a professional. The trees are 100+ ft
_________________________
Mia Mabel


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#405062 - 29th Apr 2010 8:40pm Re: Dangerous tree [Re: RUDEBOX]
Neil_c Offline
Smartchild

Registered: 27th Sep 2009
Posts: 417
Loc: birkenhead
I had the same problem at the back of my house with some Council property. It's happend twice in ten years. First I complained to the manager of the council building, got nowhere then got my local councillor involved who got it sorted. This took about 8 months to sort.

I checked my legal rights and it is correct, that if the branches are in your garden you can cut them down.

Second time round, I wasn't going to wait again for them to get their fingers out of their backsides. I waited till the weekend when the place was shut and cut them myself. There was a HUGE amount of branches that took all night to burn. Job was finished in about 3 weekend's worth of cutting. Neighbours were made up too.

My advice to you would be to just get someone in to cut them when the person is out. Once they are cut, that's it. They can hardly put the branches back. It will just wind you up each time you see them and you'll get more and more bitter about it. If you get a pro, then there shouldn't be any risk to the neighbour's property during the work.

What's the worst that could happen? The neighbour could hardly charge you for the price of damaging the trees if a pro does the work and doesn't kill them off completly.

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#405072 - 29th Apr 2010 9:57pm Re: Dangerous tree [Re: RUDEBOX]
kimpri Offline

Forum Guardian

Registered: 29th Oct 2008
Posts: 3552
Loc: birkenhead
Originally Posted By: RUDEBOX
It would need a professional. The trees are 100+ ft
shall i bring a chain saw home grin
_________________________
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#405076 - 29th Apr 2010 10:15pm Re: Dangerous tree [Re: kimpri]
RUDEBOX Offline
Wiki Master

Registered: 29th Aug 2008
Posts: 19050
Loc: Bob Land
Originally Posted By: kimpri1
Originally Posted By: RUDEBOX
It would need a professional. The trees are 100+ ft
shall i bring a chain saw home grin
if your offering, matey? Right of the white wall wink. Lol. Cud do a teeny-weeny u.e too! raftl
_________________________
Mia Mabel


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#405077 - 29th Apr 2010 10:21pm Re: Dangerous tree [Re: RUDEBOX]
SilentReader Offline
Addict

Registered: 27th Nov 2008
Posts: 238
Loc: Wallasey
if you cut anything off the neighbours vegetation then the over hangs that come in to your property boundary then you MUST put them back on the neighbours property

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#405080 - 29th Apr 2010 10:35pm Re: Dangerous tree [Re: SilentReader]
RUDEBOX Offline
Wiki Master

Registered: 29th Aug 2008
Posts: 19050
Loc: Bob Land
Originally Posted By: SilentReader
if you cut anything off the neighbours vegetation then the over hangs that come in to your property boundary then you MUST put them back on the neighbours property
OHHH, believe me, i'll ENJOY chucking it all back!!
_________________________
Mia Mabel


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#405082 - 29th Apr 2010 11:42pm Re: Dangerous tree [Re: RUDEBOX]
oscarpops Offline
Addict

Registered: 15th Oct 2009
Posts: 230
Loc: bebington
if we had trees hanging over our garden my other half would just cut them down even if he had to use a ladder and then burn them in the incinerator bin he doesent care

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#405084 - 30th Apr 2010 12:03am Re: Dangerous tree [Re: oscarpops]
diggingdeeper Offline

Wiki Guardian

Registered: 9th Jul 2008
Posts: 9665
Loc: Birkenhead
These are worth a phonecall - it does say 'Any permanent or temporary building and any other permanent or temporary structure, or erection, of whatever kind or nature.'

A tree must be classed as something between a structure and an erection IMHO (cue Bert).

Wirral Council - Dangerous Structures
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In a time of universal deceit - telling the truth is a revolutionary act. George Orwell

When the debate is lost, slander becomes the tool of the loser. Socrates

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