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Thomas Judge
Thomas Judge, Lawyer
Category: Property Law
Satisfied Customers: 32826
Experience:  Over 20 years experience
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I have an issue with my neighbours tree, I have offered

Customer Question

Hi I have an issue with my neighbours tree, I have offered to pay half the cost to cut the tree down, as the bird mess is to much all over my drive, & my drive is now moving along with the boundry wall. However he has stated that if we go ahead to cut this down then the following will apply, could you please advise?
After felling the tree JAG Trees will use the timber to provide me with a reasonable supply of sawn logs suitable for an open hearth fireplace and such logs to be left on site next to my garage
I will make a contribution to you of £930.00 to be paid after the works are complete and when I'm satisfied that all the work has been properly carried out in accordance with the quote and the site has been left in good and tidy order
That you will make no further claims including but not limited to the following:
Overhanging branches
Bird droppings
Ground movement
Boundary wall movement
Submitted: 1 year ago.
Category: Property Law
Expert:  Thomas Judge replied 1 year ago.
I see. From what you have written they are liable. Where the roots of a tree causes damage to you wall then the owner of the tree can be liable (in this case the HA), under the law of nuisance, for such damage. Claims for damage resulting from tree roots are brought in nuisance rather than trespass despite the fact that the tree roots will be encroaching on the neighbouring land. In addition there should be no conditions applied - you are entitled by rights in any event to cut down any overhanging branches. In that regard there is nothing to stop you simply lopping them off.Happy to discussPlease rate positively.
Customer: replied 1 year ago.

If we simply lop off the branches then the balance of the tree would become unstable. hence I have agreed to cut pay half for cutting down the tree. my concern is what he has said to the conditions.

That you will make no further claims including but not limited to the following:
Overhanging branches
Bird droppings
Ground movement
Boundary wall movement

I don't think that I should be accepting this condition should I?

Expert:  Thomas Judge replied 1 year ago.
I see. That makes perfect sense. I would not agree to the conditions. It would not only tie your hands (completely inappropriately) but also any potential buyer for your property. There is no need for such a clause and it would be naive to agree same.Please rate positively
Customer: replied 1 year ago.

In legal terms how can I explain this in my reply to him?

Dear *****

Thank you for you email, unfortunately I would not be able to agree with the following conditions based on...... "Legal speak"

Expert:  Thomas Judge replied 1 year ago.
I think I would simply put - "I would not be able to agree to any conditions being placed on restricting any future liability arising from any disputes between our two properties. I am optimistic that the work proposed will resolve the issues, but I am not prejudicing my position should this not be the case."Please rate
Expert:  Thomas Judge replied 1 year ago.
Dear *****,
I hope this helps
Please rate positively
Thanks

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