a lady in her 70's owns her house and there is a big tree in her front garden which has been there as long as she has (she didnt put it there) but now the root of the tree has grown under her neighbopurs fence and is causing cracks in his brick sheds he has been telling her to have the tree delt with and has made her life hell she is now not sleeping due to stress.
she has been quoted £600 to deal with the tree which she really doesnt have.
is she responsable for the tree and his damage please advise in what she can do .
2006-10-26 09:09:36 · 15 answers · asked by Anonymous in Home & Garden ➔ Garden & Landscape
If the damage is caused by a tree growing on her land, she (or her insurer) is responsible.
She should ensure that the tree isn't the subject of a Tree Preservation Order before felling it.
http://www.lewes.gov.uk/environment/5946.asp
2006-10-26 09:20:22 · answer #1 · answered by in vino veritas 4 · 0⤊ 0⤋
The short answer is that she is responsible for the tree as it is in her garden. The tree may have a preservation order on it in which case nothing can be done and the neighbour will have to sort his own problem out. She could ask the council.
2006-10-26 16:22:25 · answer #2 · answered by hakuna matata 4 · 0⤊ 0⤋
I believe here in the US if a tree branch extends over the fence, the neighbor whose land it is over can trim the branch. If the tree branch falls on the neighbor's land, the tree owner is responsible. But roots may be another issue. I would think he could trim the roots on his land, but don't know if he could force her to take out the tree.
Check with a legal advisor. If she can't afford a legal advisor, see if there is a legal aid society that will do a consultation for free or based on income for the legal advice.
2006-10-26 18:41:44 · answer #3 · answered by judy a 2 · 0⤊ 0⤋
This is terrible, That tree was there before he was, what a selfish man!!
Some trees can be registered, which means that stupid people can't cut down are ever depleting tree population. Talk to your local council. Believe it or not, trees have rights!
I don't think she would have to pay, if she refused there is nothing they could do about it. I think the tree is her property, so if she doesn't want to get rid of it, then she doesn't have to pay. (That would make sense, but I don't know if its the law.)
Good luck!!
2006-10-26 16:28:22 · answer #4 · answered by As You Like It 4 · 1⤊ 0⤋
Maybe it should be the Council's responsibility, worth a try but don't expect much from them if it means them actually spending money.
Couldn't someone just dig down and cut off the root? It may be worth the £600 if it stops the problem.
2006-10-26 16:19:26 · answer #5 · answered by Anonymous · 0⤊ 0⤋
My attitude is this: If someone younger is the one griping, he or she ought to be ashamed not to help someone that old to solve the problem. The legality of this problem is really not the issue. I wouldn't want to face my maker knowing that I had caused an older person this much grief and not have been generous enough to solve the problem myself.....I am a senior almost that old and I WOULD DO IT FOR HER TO MAKE HER LIFE EASIER.
2006-10-26 19:16:31 · answer #6 · answered by Cassie 5 · 1⤊ 0⤋
It's her house, so her responsibility. She should talk to the neighbour to see if he is willing to share some of the cost.
She could also visit the Citizens Advice Bureau. I'm sure they'll be able to give her some good advice.
2006-10-26 16:20:42 · answer #7 · answered by Whoosher 5 · 0⤊ 0⤋
I'm also thinking insurance but she should check that out and also get advise from an attorney. Mainly I think it probably is her responsiblity after all its her tree, and her property that is infringing on the neighbor. He could be nice about it though, she is elderly.
2006-10-26 16:18:50 · answer #8 · answered by Anonymous · 0⤊ 0⤋
she is technically not responisble, cause its not like she physically did the damage.. a tree did... the guy should remove any roots on his side thus would kill the tree slowly
2006-10-26 16:17:57 · answer #9 · answered by Kamui VII 4 · 0⤊ 0⤋
why don't you go to citizens advise or local council, but i have a feeling she is could be responsible. my parents had 2 trees which overgrew into their neighbours garden and they had the local council advise them that they had to trim them back?? tell her to try not to worry, surely it can be sorted out amicably?
2006-10-26 16:20:43 · answer #10 · answered by angel 4 · 0⤊ 0⤋