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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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A tree on my mothers land fell across her stream on to a neighbours

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A tree on my mother's land fell across her stream on to a neighbour's land. She had no money so he agreed to pay for it to be cleared. This was confirmed in writing by the neighbour. My mother has since had advice from tree surgeons regarding the clearance of the fallen tree and their quotes are significantly lower than what the neighbour claims to have paid. (Average £500 Vs £1750 claimed by the neighbour) He then requested that numerous trees be cut down in her garden and requested she sign a document giving permission to do this. She did not sign what was sent to her and returned a note stating that he was only permitted to cut two specific trees as they were quite tall. All the other trees he wanted to cut down posed no danger to his property and were healthy and strcyly forbid heim to touch them. I visited the property yesterday and found that several trees that he had been advised to leave alone and be chopped down. I stopped the contractor from cutting down another tree.The neighbour has bombarded my mother with letters regarding the matter in the last 3 weeks. In one of the letters he admits that he sent a contractor across into mother's land, chopped down a tree, (95% of which fell soley within my mothers land) and had the contractor dispose of the wood. No permission was requested or given to do this. It was obvious who had done it but up until his letter we had no evidence. This particular event occurred April 2013.
I do understand that he has every right to remove branches etc that overhang his land but cutting has taken place deep within my mother's property and the damaged caused to several trees I wonder if they would survive.
I believe he will try and bully my mother using the cost of the fallen tree, do we have any legal recourse over the other matters with which to negotiate ?
Submitted: 2 years ago.
Category: Law
Expert:  Joshua replied 2 years ago.

Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

May I ask in respect of the original fallen tree - was this in a poor state of maintenance (being the reason it fell) or was it simply blown over by the wind?

Customer:

Simply blown over by the wind.

Joshua :

Thanks.

Joshua :

If the tree was simply blown over by the wind then your mother is not liable for any damage caused because there is no negligence on her part. She can be liable for the cost of removing the tree from his land however as the materail constituting the tree belongs to her. Any costs claimed in this respect by the neighbour must be reasonable and if your mother could demonstrate that lower quotes could be achieved then this is evidence that the costs are not reasonable.

Joshua :

The neighbour has no right to cut down trees on your mothers land. If he does so this can be criminal damage and reported to the police but it can also be grounds for claiming damages - namely the cost of replacing the trees with similar specimens in a size as near as commercially available to the original tree and also for any remaining damage to the land in terms of loss of enjoyment and so on.

Joshua :

If neighbour is bothering your mother with letters this can amount to harassment and again is a basis to potentially involve police. A cease and desist letter can be considered by your mother to the neighbour. If he continues then this would be good evidence of harrassment notwithstanding what he has already done.

Joshua :

If your mother decides to claim damages as above she can consider issuing proceedings in the county court. The simplest way to issue proceedings is by using www.moneyclaim.gov.uk.

Joshua :

Is there anything above I can clarify for you any further?

Joshua :

Does the above answer all your questions or is there anything I can clarify or help with any further?

Joshua :

If you have no further questions for now I should be very grateful if you would kindly take a moment to rate my service to you today. Your feedback is important to me. If there is anything else I can help with though please reply back to me though.

Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
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