Over hanging tree

Trees and the law

 

Today on daily mail.
Woman forced to pay £250,000 to neighbour who sued her over tree dropping rotten fruit onto her lawn | Daily Mail Online

 

The damages awarded are stated as £12,000 (in part due to the fact that the woman concerned is allergic to wasps) The rest of the money (£238,000) goes in legal fees. Once again the lawyers are the real winners.

 

Yes, legal fees are astronomic. And everything just because of 1 tree.

 

Much better to talk or go the mediation route.

 

I have been talking to the HA for a number of years on behalf of the tenant, but it is nothing to do with me really, HA keep saying that they will cut the overhanging branches off next time their gardeners are on the estate but they have not done it yet, hence the branches are getting quite big and the tenant thinks it is my responsibility to cut the branches back for her, I have explained that it is her responsibility but she can't seem to take this in or doesn't want to.

 

I think it is the HA responsibly, did I see that it actually overhangs an alley running along the back of the houses.

 

Yes, correct, it overhangs the service lane and then over the tenant's back garden that you see in the far end of the picture, it is actually growing out of the side of HA's boundary.

 

I took some new pictures of the hedge and tree this afternoon from my side of the boundary, in this first one you can see that the hedge is on the boundary, with the hole in it you can see the ground of the service lane.



This next picture you can see that the tree/branches are on the boundary hanging over the service lane, you can also see the back fence of the tenant who it affects.


If I was to cut these branches from my side they would fall into the HA service lane and onto the tenant's fence panels, they are actually growing out of the boundary hedge, the boundary belongs to the HA. HA could allege that I have cut their tree down if I was to do it.