scoobynutta555

Thanks to he wind last night, I heard the neighbours tree scraping up and down my roof all night. Last year my immediate neighbour, between me and the tree neighbour, found one of my roofing tiles on the roof of his one story extension, making a nice hole in the soft roof. I know how it came off now!

Is the tree neighbour liable for costs of repair to both of us, and can I get him by law to chop back the tree so no more damage occurs?

Think I read somewhere before that owners of trees are liable for claims from neighbours guttering being blocked by leaves etc, this happens also to my guttering. The feckin thing drops sap like rain as well at certain times of the year and blocks my evening light! Really want to burn it down but I think that would be an extreme response

RS2 JIM

iTrader: (5)

AFAIK, your neighbour is obliged to cut back the tree wherever it overhangs your property if you ask him to.

I'm not sure what action can be taken about the tile and you other neighbour's roof though. That'll be one for the Scoobynet legal eagles!

Cheers

James

druddle

If it is overhanging your property you are within the law to cut it back to the boundary and put all cuttings back over your neighbours boundary.

Dave

OllyK

IIRC they are not oblidged to, however, it is considered "polite" to ask them to do it first, if they don't you are entitled to cut it back to the boundary of your property as long as you return the branches etc.

It is worth considering a couple of other things though. Is the tree protected? If it is, any pruning that adversely affects it may be considered un-lawful. For your benefit I wouldn't be inclined to go at it yourself with a chainsaw if there is significant overhand as it may destabilise the tree resulting in even more damage in the future if it should fall or die.

scoobynutta555

So I am liable for any costs involved? If I am that's not very fair, its his tree thats the nuisance! I suppose tree 'surgeons' dont come cheap, then ill have to dump whats cut etc etc.

OllyK

If you get a tree surgeon in yes you would be liable, but have a chat with your neighbour, they may be prepared to contribute.

You don't have to get it done professionaly, just be aware you may create a bigger long term problem if you bodge the job.

You don't have to dump the branches, by law you have to return them to the rightful owner - but do it in a way as not to damage their property etc!