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Tree Advice required.

jojo Oct 28, 2009

  1. jojo

    jojo Looking for Boost! Staff Member Moderator Team Daytona Audi S3 quattro Audi A6 Audi Avant Owner Group

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    Need some advice guys.

    Just had a call at work from the landlord next door whome I've never met before. Outside the back of my work is a rather large tree which has been there some time, 30+years is the only guess I can give you guys, and the neighbour has a bricked storage unit with a pathway built on top which leads to a rented flat above the shop. Now the tree in question has apparently done some damage to his storage unit and he wants something done about it from my end, as the tree belongs to me of course. I've not seen the damage myself, but he claims that the routes of the tree has pushed one side of the wall of his unit inwards which is understandable, considering where the tree is positioned.

    He's pretty decent about it and just wants me to sort it out ASAP really, but I was wondering if I'm responsible for any damage to his property? Obviously the plot I'm on is rented, and the landlord happens to be my mum, so I would rather sort it out myself to save her some stress. Also, should I get the council involved with the tree removal, or is it all down to me?

    I actually do fear that removing the tree and routes would cause his whole unit to callapse also, so want to do it properly to save any hassle in future.

    Any help or advice is much appreciated.
     
  2. A3Tom

    A3Tom Smell my finger.

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    I would imagine some sort of structural report would need to be done, his problem at the minute though so let him sort that out!.
     
  3. Ads

    Ads License to drive

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    A guy I work with is going through a similar situation, at his home.
    His neighbour is claiming that one of his trees is causing damage to their property, a barn or something I think. Anyway, their friendly discussions ended up descending into unfriendly, and now they find themselves in court.
    Apparently my workmate is in a strong position as it is quite a difficult, drawn out and expensive process (for the person claiming against you) to prove liability and sucessfully win compensation for such things.

    At this stage I wouldn't pay for anything.... inspections, surveys, etc. Doubt the council will help if it's private property. Our driveways are being demolished by trees and the council won't lift a finger as we are on private land.
    Tell him to get someone in to access the damage and cause, and then decide what to do after, depending what they come up with.
     
  4. jojo

    jojo Looking for Boost! Staff Member Moderator Team Daytona Audi S3 quattro Audi A6 Audi Avant Owner Group

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    Anyone got any ideas of tree removal(including the routes) prices? The tree is approx 25FT tall, and looks rather heavy!
     
  5. 205man

    205man Active Member

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    get a structural engineer to check it out, you will also have to check wether the tree has a TPO on it (tree preservation order) which now effects all trees over 25 years old

    you can have a look yourself see if there is a small metal disc nailed on it somewhere, if there is you cant touch the tree without contacting the council etc if you do anything to a tree with a tpo without permission and u will end up it court.

    but tread carefully when prodding council about it because they ay end up slapping one on it

    BUT a tree can be felled etc with a tpo if it is found to be unsafe or causing extreme damage but thats why you need and engineer to have alook

    but dont offer anything to your neighbour yet and you should find your property insurance should cover any costs

    if you wnat to to know more i could find out as i have to deal with trees etc on fairly regular basics as a landscape designer

    alan
     
  6. L1 HCS

    L1 HCS Active Member

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  7. fingermouse

    fingermouse thats me

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    If you get the tree down to a stump there is a company called stumpbusters that have a machine that cuts the stump up. It basically a big wheel with cutting teeth on it and leaves you with just a pile of wood chippings.
     
  8. jojo

    jojo Looking for Boost! Staff Member Moderator Team Daytona Audi S3 quattro Audi A6 Audi Avant Owner Group

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    I doubt very much the tree has a TPO, can't see any metal disks, and it's no viewable unless you live or work at the block of shops. It's rather large for me to attempt to cut down, so I think a tree surgeon is what I'm after.

    Does anyone know one in the Midlands?
     
  9. A3Tom

    A3Tom Smell my finger.

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    As it goes, yep, kind of a mate of a mate, lad called Mark who lives in Monkspath...

    0121 448 5428 or 07738 870055 - Down To Earth




     
  10. 205man

    205man Active Member

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    if you dont get any luck with a3tom`s mate give me a shout i could sort someone out for you
     
  11. jojo

    jojo Looking for Boost! Staff Member Moderator Team Daytona Audi S3 quattro Audi A6 Audi Avant Owner Group

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    Cheers, not got round to calling the numbers yet, wanted to get the weekend out the way first.

    Thanks.
     
  12. A3Tom

    A3Tom Smell my finger.

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    Hopefully Mark should be able to help you out, I've not used him myself but a lad I know used to work for him so fingers crossed he sort you out.

    No idea what his prices are like mind!.

    T
     
  13. jojo

    jojo Looking for Boost! Staff Member Moderator Team Daytona Audi S3 quattro Audi A6 Audi Avant Owner Group

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    Just got through to him not long ago Tom, hopefully he will sort me something out on Thursday - Cheers. :icon_thumright:
     
  14. Nutkin

    Nutkin Member

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    watchdog just done a bit about tree fellers, you can have it chopped down and poisoned or something for about 200 quid or less.
     
  15. jojo

    jojo Looking for Boost! Staff Member Moderator Team Daytona Audi S3 quattro Audi A6 Audi Avant Owner Group

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    £200 or less would be ideal, but it's a frikin BIG tree!, my previous estimate is waaay off, I reckon it's more like 35-40ft tall on closer inspection.

    Thanks for letting me know though.
     
  16. 205man

    205man Active Member

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    jojo theres no way you get it cut down for £200 or less if it that size forget what nutkin is saying

    nutkin: i saw the watchdog episode and they where not much more that young sapling tree to be honest probably about 10ft tall and very thin and i agree £200 would be decent price to pay for that work they had done although they did show that bloke was out to rob people, what it makes people think is that you could have any tree down for that price and that isnt good for the rest of us in the industry trying to make an honest profit

    and there no way for a tree thats 35-40ft tall especially as its next to a boundary wall/ property so it cant just be felled it would have to come down in sections
     
  17. jojo

    jojo Looking for Boost! Staff Member Moderator Team Daytona Audi S3 quattro Audi A6 Audi Avant Owner Group

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    No, I know it won't be £200 or less, not even I would do the job for that price haha, but it was a nice thought. ;)
     
  18. Nutkin

    Nutkin Member

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    ill do it for 200. give me money and a chain saw.
     
  19. fingermouse

    fingermouse thats me

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    Call the scouts and say you have some wood for the bonfire, they will have it down and burnt in no time lol
     
  20. jojo

    jojo Looking for Boost! Staff Member Moderator Team Daytona Audi S3 quattro Audi A6 Audi Avant Owner Group

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    Maybe I should give Voorhees a call, he should have a chainsaw amongst his tools right? :)
     
  21. 205man

    205man Active Member

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    lol at nutkin ...........can i come watch lol
     
  22. jojo

    jojo Looking for Boost! Staff Member Moderator Team Daytona Audi S3 quattro Audi A6 Audi Avant Owner Group

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    Believe it or not, the contact that Tom supplied has quoted me to cut the tree down to the stump and remove it for well under 200 notes. But if I want the stump and routes removed, it's a different service which he can't do, but he know someone who can. Tree down first methinks. :)
     
  23. A3Tom

    A3Tom Smell my finger.

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    Ahhh result :)
     
  24. 205man

    205man Active Member

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    ahhh welll done for that then jojo - they way you described did sound like it was very large and possibly complicated to take down - but obvioulsy wasnt that bad - as i said i could of had a look but would would had to come look in person as wasnt going to say £200 then find it the tree from hell lol

    yeah he right about the stump they changed the law about who can remove them....you used tobe able to hire the machine but to many sunday diyer were getting injured or decapitated lol using them so that stop

    least you got it sorted
     
  25. dc240969

    dc240969 Member VCDS Map User

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    A good soak in cautic acid a few times should do the job.
     
  26. jojo

    jojo Looking for Boost! Staff Member Moderator Team Daytona Audi S3 quattro Audi A6 Audi Avant Owner Group

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    I'm STUMPED!... literally!

    Just received a letter from their insurance broker for a possible claim against myself for the damage to their property for a small sum of £70k.... :faint:

    Need to contact my insurer to see if I'm covered. GREAT!....... :jump:
     
  27. A3Tom

    A3Tom Smell my finger.

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    Whats the damage to Jo?
     
  28. jojo

    jojo Looking for Boost! Staff Member Moderator Team Daytona Audi S3 quattro Audi A6 Audi Avant Owner Group

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    According to the letter I was sent Tom, titled 'Without Prejudice', there's extensive damage to tthe property which is currently being supported by three steel beams, with rebuilt costs amounting to approx. £70'000.

    I've contacted my insurance company and letting them deal with it... I should be covered apparently.
     
  29. Ads

    Ads License to drive

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    Bloody 'ell mate.... seventy thousand smackeroonies! :scared2:

    How long have you been using the same insurance company??

    I ask because a while back I was reading about a similar case and the insurance company refused to pay out because the tree roots had been growing for years, and therefore gradually damaging the neighbour's property for years; so they claimed that the fatal damage had been done before the policy was taken out.

    The tree owner had to try and prove that the damage (which caused the neighbour's property to need repair work) took place during the time that they had been under cover with the insurer.
     
  30. jojo

    jojo Looking for Boost! Staff Member Moderator Team Daytona Audi S3 quattro Audi A6 Audi Avant Owner Group

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    10years+
     
  31. Ads

    Ads License to drive

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    That's a lot of time for a tree to grow and do some damage. You've got a good argument if they try to argue liability.
     
  32. consilio

    consilio Up the owls!

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    Sounds out of order if you ask me. Surely the correct thing to do would have been to call you 5 years ago and make you aware that your tree is causing some minor damage / cracks to the property, rather than sitting back, allowing what sounds like major damage to occur, then coming to you asking for the best part of a rebuild!?!?
     
  33. A3Tom

    A3Tom Smell my finger.

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    Someones trying their luck Jo by the sounds of it, I'm sure the insurance company will sort it out.
     
  34. jojo

    jojo Looking for Boost! Staff Member Moderator Team Daytona Audi S3 quattro Audi A6 Audi Avant Owner Group

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    The tree in question is older than me, and I'm 33 lol.

    The property next to my work place is unoccupied for the last 3 years minimum, so I would argue some form of neglect from the landlord during this time for the damage to get to this point, and I mentioned this to my insurance company.

    My insurance company just called me actually to inform me that I'm covered, and to leave it with them, they act in the best interest on my behalf, I just need to fill them in on the minute details in the last 6 months, or since the landlord let me know of the problem.

    So fingers crossed, it's out of my hands pretty much.
     
  35. Ads

    Ads License to drive

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    :icon_thumright:
     
  36. maninthestreet

    maninthestreet Member

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    Was the tree there first, with the storage unit built at some later date??
     
  37. jojo

    jojo Looking for Boost! Staff Member Moderator Team Daytona Audi S3 quattro Audi A6 Audi Avant Owner Group

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    I would have to say yes, but I'm not 100% sure.
     
  38. beanoir

    beanoir Large Member

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    We had an issue with an Oak tree in our back garden which had damaged the neighbour's garage. The tree did have a preservation order, but beware quite often the tree won't have a disc on it. In the end all that was required was a substantial lopping off of the branches, as apparently reducing the amount of branches and foilage reduces the amount of water intake through the roots which results in less damage to the property in question. I also understand that removing a whole tree and the roots can sometimes result in more damage being caused, again dont ask me how but thats what we were told.

    I'm by no means a tree surgeon, but that was the result of our situation, which originally started as a letter from them ordering us to remove the tree and pay for the damage to their foundations.
     

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