Dangerous Tree but No One at Home

T

TomTomOne

Registered User
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Hi there,

My mother is having a problem. A neighbour's overgrown tree is endangering her roof. But the next door neighbours are abroad permanently, are selling the house, are uncontactable and the estate agent acting on their behalf says they are not responding to his texts. I'm sure if he had a nice offer on their house for them then they would respond but that's by the by.

What I need to know is what can she do? Can she contact the county council and get them to do something? Is there anyone who can force the issue as the estate agent is being uncooperative.

It is reaching the stage where she is thinking of getting a tree surgeon in and paying for the branches to be removed. This is something she can't afford but she is getting scared about the potential damage.

Any suggestions gratefully received.
 
Your mother is entitled to have any branches / foliage over-hanging her property removed / trimmed and she must return the off-cuts to the neighbour as they are their property.

As they are out of the country and the agent is acting on their behalf in regard to the property, I believe your mother can serve notice of her intentions on the agent. AFAIK, she needs no-one's permission for her actions.
 
Thanks for that Mathepac,

The problem is that it is a big job and it is going to cost. She needs to force the hand of the estate agent/owner in some way for THEM to pay for the work or get it done somehow.
 
I don't think the County Council will help unless your mum lives in a council house?
Or the tree is in danger of harming the public.
If it were my mother I would phone the EA with a very attractive offer on the house and see how long it takes the owner to respond. Then confront the EA face to face. Your mother shouldn't have to take responsibility for a tree on her neighbours property which is in danger of damaging her property.
 
Thanks Cat101,

Or the tree is in danger of harming the public

Well she thinks it might harm her...

About ringing the estate agent, that did cross our mind but she lives in a smallish town and is worried about doing something underhand to people she's been living with for years. She doesn't seem to realise they couldn't care less about her. That's why she wants to do it in an above board way.
 
Tell your mother to contact a tree surgeon and pay him to remove the dangerous bits of the tree, or leave it and let the tree damage her roof (as she fears) and try claiming for the damage from her insurance. I believe those are her choices, subject to someone contradicting me.

Sorry I missed this bit -
Cat101 said:
... I would phone the EA with a very attractive offer on the house and see how long it takes the owner to respond. Then confront the EA face to face...
Click to expand...
This kind of nonsense is just that - nonsense. I believe in keeping things direct and simple. :)
 
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I'm sorry Mathepac, I just don't see how it's the OP's mothers responsibility to incur the costs involved.

TomTomOne, My mother is like that too..she doesn't like a fuss made or have to put people out. If I were you I would contact the EA as above mentioned and 'Forget' to mention it to my mother untill it was sorted. Have you considered getting a quote from the tree surgeon and passing it on to the EA.. I would also ask him how many prospective buyers are interested in buying a house with a lawsuit attached to it these days? I wouldn't pull my punches untill it was sorted.
 
mathepac said:
Sorry I missed this bit - This kind of nonsense is just that - nonsense. I believe in keeping things direct and simple. :)
Click to expand...

Perhaps, but he is obviously dealing with a ridiculously unhelpfull EA.
If it got the deserved attention, I wouldn't have a problem with it.
 
Cat101 said:
I'm sorry Mathepac, I just don't see how it's the OP's mothers responsibility to incur the costs involved. ...
Click to expand...
So who is responsible then; the nanny state, the disinterested absent homeowner, the EA, some insurance company or the usual favourite "I don't know but someone [else] must be"?

The lady has what sound like genuine concerns that her property may be damaged and in my view she needs to take reasonable and responsible measures to ensure this does not happen, otherwise she may be left with a bigger bill which no-one will pay.

With autumn here and winter staring us in the face the matter is fairly urgent IMHO.
 
mathepac said:
So who is responsible.
Click to expand...

If you have freehold ownership of land upon which a tree grows you are responsible for it, unless you have leased the land to a third party who, through the terms of the lease, has accepted this responsibility. The owner of a tree owes a duty of care to all third parties and is at all times liable for any nuisance or damage the tree causes. Should the tree owner be aware of a defect in his/her tree and not address it, and damage subsequently results, he/she may be held liable for negligence.

Hope that answers your question
 
could you ask the estate agent for contact details of the house owner and contact them directly yourself?
explain that it needs urgent attention and see how they respond.
 
Cat101 said:
... Hope that answers your question
Click to expand...
No - that's a piece of UK (England and Wales specifically) legislation you (or more likely a search engine) found on the internet which neither answers my question nor helps OP, IMHO.
 
Well it's IMHO Mathepac, that you seem more interested in having a dig at me and my posts that offering th OP any help or advice.
 
I certainly would not pay to have a neighbours tree removed. If it is a small place, you should have little trouble tracing owners. I would also apply more pressure on EA.
 
It's not really the EA's job to pass on messages to the owner from neighbours - they may do it as a favour, but not obliged to. I think you would be better asking the EA for the name of the owner's solicitor. EA should know this as the solicitor will also be involved in the house sale. Solicitor would be more willing to pass details to the owner, particularly if it is to avoid a future claim.
 
While one can argue about various aspects bottom line is the fear that some night when you are in bed a heavy branch or more will come crashing down. While i agree the legal route is best course one is faced with the possibility that nothing will be done. My humble suggestion is for the lady to contact her own solicitor
 
I would always be careful about cutting trees that aren't yours-and yes even if they are encroaching on your property. I don't think you have the legal right to cut them....you could easily get stung. even though you tried to contact them through the EA is NO excuse. ive seen it happen.

If the tree damages your mothers house, the land owner (where the tree is growing) is responsible - this applies to injury to someone, cars, property etc.

if you do get an aborist to trim this tree, let him know that you dont have a solid wayleave.
 
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