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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3557
Experience:  Solicitors 2 years plus PQE
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I have a question about trees being felled. I agreed to

Resolved Question:

I have a question about trees being felled. I agreed to pay for trees to be cut down on my neighbours land (he is a farmer) as it was blocking my light and satellite signal. This has now been completed and bills paid to tree surgeons by myself. The path has been cleared for passage of tractor and animals. He would now like me to pay for the trunks to be logged and removal of all branches via a wood pelleter - cost of hire per day around £100 to £150 plus labour costs. He expects to have all the logs for his personal use.
I have refused to pay for this part of the labour and am considering putting this in writing. Does he have a legal right to ask me to do this and is it unwise to give him anything in writing?
Submitted: 2 years ago.
Category: Law
Expert:  Alex J. replied 2 years ago.
Alex J. :

Hi, Thank you for your question and welcome.

Alex J. :

My name is ***** ***** I will assist you.

Alex J. :

If he wants to keep the logs, then there is no obligation on you to have them pelleted. I would say to him you have done what you agreed and that is the end of the matter.

Alex J. :

I would certainly put in writing your refusal to pay if he has put a request for you to pay in writing.

Alex J. :

Presumably he will get more that £150 benefit from this?

Customer:

there has been nothing put in writing so far - no request for me to pay - so far only verbally that is why I am cautious before sending him a letter stating that I have done what I thought we had agreed. However his version of the agreement differs from mine and his expectation is that I complete the logging and the pellets. Should I refuse he is likely to become verbally abusive which I have experienced on 3 previous occasions. As I live alone this situation feels somewhat threatening.

Customer:

Forgot to mention . I reckon there is approx. £1000 in value for the logs as about 12 trees have been felled. (based on present market value)

Alex J. :

Hi, Thank you. ***** can say is that if the original agreement was to fell the trees, then pelleting them as well is an extra. It would simply be unequitable for him to claim ownership over the felled and then expect for you to have to pay to have those logs refined.

Alex J. :

At best I would say your obligation stop at either storing the logs and disposing of them safely.

Alex J. :

As for the threats under S.40 of the Administration of Justice Act 1970 - it is a criminal offence to pursue someone for money they do not owe. If he is verbally abusive keep a record and go to the police.

Customer:

My neighbour would fully expect to have ownership of these tree trunks and would definitely not agree to my having them either to dispose of or to store. The original agreement is vague and not in writing. I asked if he would agree to felling the trees to give the light etc. He agreed to this proposition and requested that I pay which I agreed to do so. There was no further detail discussed re dealing with the tree trunks but clearly we had differing thoughts and expectations.

Alex J. :

Hi, Thank you. I think would agreeing that pelleting the trees is a step beyond felling them. I would put it in writing that you will not pay to pellet them as this was not part of the original agreement.

Alex J. :

If he really then wants the money he would have to go through the hassle of suing you, and I am not sure he would be successful anyway.

Alex J. :

Obviously you will then have to put up with the soured relationship, but I think court action is going to be an unlikely consequence of this.

Customer:

thanks for your help. I have survived a soured relationship for 30 years so pretty confident I will cope a few more. I am satisfied with your reply and will now give feedback

Alex J., Solicitor
Category: Law
Satisfied Customers: 3557
Experience: Solicitors 2 years plus PQE
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