Dangerous Tree but No One at Home

[mathepac]

... I don't think you have the legal right to cut them....you could easily get stung. ...

From a friend - "The principles of law are, however, reasonably clear. Where the encroachment of tree roots [or branches] onto the property of a neighbour causes damage, this constitutes a nuisance, which entitles the injured party in an appropriate case to seek damages or an injunction or to abate (ie. reduce or remove) the nuisance himself or herself. Moreover, he or she need not wait until damage is done: he may take protective action by cutting the roots as soon as they project into his property...
Where a branch encroaches onto another's property and causes damage, the occupier of that property will have the same remedies as in the case of encroaching roots."

McMahon & Binchy Law of Torts edition 3, pub. 2000, page 687:

If this citation is accurate, then OP's mother may pro-actively cut the projecting branches. The citation of course may well be one those interweb things that gathers gravitas as it rolls around; caveat lector and all that good stuff.

 

[PMU]

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.

Hi, am I right on this? A neighbour's tree fell into my back garden last week after Storm Ophelia. They haven't made any attempt to recover it or contact me about it. I assume looking at these posts https://www.askaboutmoney.com/threads/neighbour-threw-pile-of-leaves-from-my-tree-into-my-garden-can-i-legally-return-them.177725/ and https://www.askaboutmoney.com/threads/dangerous-tree-but-no-one-at-home.120022/ that I can just chop the branches off the tree to make it moveable and then push it back over the wall, or do I have to talk to them about it (we don't actually talk to these people)?

 

[MrEarl]

Hello PMU,

I would contact them and tell them clearly that you expect them to remove it first. It is their responsibility given it was their tree and I wouldn't be slow about telling them that.

 

[noproblem]

Yes, but they didn't knock it and they don't talk to the neighbours, so maybe they could make a see-saw of it and hope the next door tribe come out to play. No?

By the way, the other post was 8 years old and we were never told what happened. I wonder if the tree and the house owners have begun the process of creating vegetation for newer saplings?

 

[Seagull]

You can chop the branches, but you don't have the right to give them back all the pieces. You do have to ask them if they want all the pieces back.

 

[DirectDevil]

Try telling the selling agents that if there is no remedial action taken immediately to abate this dangerous trespass and or nuisance that your mother will instruct a solicitor to issue the legal proceedings.

Here is the kicker - tell them that you are also considering instructing your solicitor to place a notice of lis pendens ("pending lawsuit.") against the title of the neighbouring property. The essential argument here is that you intend to register such a notice pending resolution of the present issue. It might not stop the sale and purchase but it would certainly put some prospective purchasers right off and the estate agent will not get their fees anytime soon either.

To a degree, this threat contains an element of unashamed bluff . However, it would be justified as I perceive that you mother is being deliberately and unreasonably ignored - a very modern standard of behaviour I am afraid - and the other side need manners put on them.

Your mother does have a responsibility as well as a right to protect her property and may have to engage a tree surgeon to abate the danger. Be sure that there is adequate photographic evidence of the situation.

There is a potential waffle reply that might come from the neighbours / estate agent. If this tree is now dangerous because it has been moved by a storm in to it's present precarious position they may say that they are not liable because there is no defect in the tree. That is a fair argument. However, the present position must be distinguished in that there is now a new and different hazard presented by the tree and that must be abated urgently by the owners.

 

[PMU]

However, the present position must be distinguished in that there is now a new and different hazard presented by the tree and that must be abated urgently by the owners.

There appears to be some degree of confusion here. Rather than start a new thread over my tree problem (or rather the problem with the tree from the garden next door) I found the thread with situation that most closely corresponded, i.e. this thread, and updated it with a question concerning my tree. See post # 22 above. Otherwise it was likely some smart alex would just do a search, list all related threads and suggest I read them before opening a new thread, which, in any event I did. But thanks for all the responses, which I have taken into account.