In the recent high winds, my neighbours tree has blwon down. Now he's blaming me because earlier, I had a tree cut down on my side of the fence (stump not removed). This was acting as a wind break for his tree it seems. He is trying to claim compensation for the loss of his tree, the removal cost for the fallen tree and the cost of a replacement tree. Anyone got any advice or been through similar unpleasantness?
2007-01-14 07:03:57 · 34 answers · asked by Anonymous in Home & Garden ➔ Garden & Landscape
As there is no way to prove the removal of your tree is to blame, I would say that the blame lies solely with him. If he tries to claim against you, and I dont think an insurer would bother to try, you could say that as the owner of his tree, its his responsibility, and therefore if he thinks that the felling of your tree weakened it, why didnt he do something to prevent it from happening when you chopped down yours.Why wait until the high winds? If he thought yours going was gonna make his unsafe, he should have acted sooner. His tree is his responsibility, and its not your responsibility to provide windbreaks for your neighbour and you are quite entitled to chop down a tree on your property.
He is just looking for a scapegoat because he wont accept that his tree is his responsibility.
The recent weather has caused all sorts of havoc...he's bloody lucky it didnt blow into his house damaging his house or family.
What a miserable git he is, tell him you will not pay, if he wants to make a claim to go ahead, but im pretty sure his house insurance either wont cover it anyway, or will say that its his responsibility.
2007-01-14 07:20:05 · answer #1 · answered by lozzielaws 6 · 5⤊ 0⤋
What an interesting question!
It is entirely possible that the removal of your tree had a bearing on his tree failing. Trees adapt to the forces they experience as they grow, putting on wood where they most need it. If a tree has always been sheltered by another it won't have developed to cope with strong winds from that direction, because it has never experienced them. Remove the sheltering tree and it is quite possible that you expose the remaining tree to winds it just can't cope with. This is common a long the edges of woodland blocks where a neighbouring block has recently been felled.
However, I doubt that means you're liable. I'm straying off my competence here and that is a question for a lawyer, but I'm not aware of any one successfully sueing for this sort of thing. For one thing, though it is quite possible that removing a tree will lead to another failing, it is very difficult to prove cause and effect. Any number of other factors could have been involved. Secondly, I can think of no specific statute that suggests you must consider the impact on your neighbours property before doing work to a tree on yours. There is specific statute about party walls, which suggests that there is nothing strong enough in common law to cover it. Thirdly, there's the question of negligence. Were you? If you weren't, there's no case. In order for you to have been so, it would need to be shown that you should reasonable have anticipated the effect on his tree. I might have, because that's my profession, but how should you have known?
HTH
2007-01-14 08:06:03 · answer #2 · answered by Chris H 2 · 1⤊ 0⤋
Absolute Total Nonsense the mans an idiot this case would not even get to court.
He can not expect you to protect his tree that is his responsibility
Why did you remove your tree. If it was because of the condition of the tree, disease, dangerous position, etc. You could show you had good reason to remove
Leaving the stump means you did not disrupt the soil integrity therefore his tree should be stronger if anything as it would get more water, nutrients , etc. without competition.
In any case he could not rely on you protecting his tree with yours if you haven't signed a contract to that effect So in a word tough he planted the wrong tree in the wrong place. What would be his position be if the shoe was on the other foot!
2007-01-15 01:53:36 · answer #3 · answered by Anonymous · 1⤊ 0⤋
Get on to your local council about this they will help. what ever the problem. The if the tree has fallen due to the size of the tree e.g the weight of the head.. it is more likely your neighbour has been neglectful of his TREE responsibility and therefore if he has caused damaged to your property he has to pay the fee where applicable. check council to ensure that the tree has no TPO on it this is a Tree Preservation Order. The fact that this neighbour has the guts to say this to you is wrong unless you have violated his tree such as made it dangerous in a way such as cutting of roots or damaging to the bark. hope this will help.
2007-01-14 10:37:19 · answer #4 · answered by projectfalcon69 1 · 1⤊ 0⤋
If the tree is on your neighbours property he is totally responsible, If it has caused any damage to your property he is liable for that to, you were only responsible for cutting down your own tree which in the circumstances proved to be a wise decision or there might have been two trees down with the wind and even more damage.
2007-01-14 07:17:40 · answer #5 · answered by Anonymous · 1⤊ 0⤋
Are u next to a lunatic ? That his tree has blown over by an act of nature will surely be twigged . A supporting tree once removed has no ligitimacy for his own tree not being able to stand up on its own .
2007-01-14 07:15:27 · answer #6 · answered by katrinasfather 3 · 2⤊ 0⤋
Do you live in the UK or America.. I only ask as i think the laws are different over there. Many years ago, in Columbus Ohio there was a tornado, it took my aunts porch off and landed it through her neighbours front windows, my aunt had to pay for the damage to her neighbours windows. What i am trying to say is it wasn't classed as an act of god. I'm not sure whether the laws have changed since then though. Over here though it would be classed as an act of god and your neighbour would be laughed out of court and have to pay for wasting the courts time.
2007-01-14 07:20:47 · answer #7 · answered by sky 4 · 0⤊ 1⤋
You're pretty good for a thirteen year old. However, your grammar needs work, for example: "Now I worked hard". The plot doesn't seem to make sense to me either, why would a girl whose parents died because of lightning be plotting to kill people? Keep Writing though, by the time you're a junior or sophomore in high school, it will be a lot easier to write stories and such . Mainly because you will have greater knowledge of the art of the English language. Good luck.
2016-05-24 01:04:10 · answer #8 · answered by Anonymous · 0⤊ 0⤋
What a horrible man. Not you - your neighbour! Your tree wouldn't have stopped his falling down. His was probably rotten. People are stupid aren't they. Phone the tree officer at your local council (they're usually in the planning department) and ask his professional advice. Your neighbour is barking.
2007-01-14 07:08:15 · answer #9 · answered by Anonymous · 4⤊ 0⤋
Bloody neighbours I have one just like him she makes my life hell! Unfortunatlry she works with me too! The stupid man can't claim because you have every right to cut down your own tree and also the insurers will say it is an act of god! tell him you're going to sue him for stress caused by his bloody tree!
2007-01-15 00:24:52 · answer #10 · answered by SEXYSERI 2 · 1⤊ 0⤋