Fallen Tree - who's responsible?

[ChrisB]

Hi All,  Well, last nights gale took its toll in  our garden.  A huge limb of our neigbhour's pine tree fell neatly along the fence, but mainly on our side.  It has managed to do it very gracefully without damaging either of our greenhouses, but now lies along the top of the fence.  The tree belongs to our neighbours, not us, does anyone know legally whether they are required to move it, or do I have to foot the bill?  Its far to big to do without help.

[David Nicholson]

Don't you get along?? Shared job maybe.

[ChrisB]

And here is its picture:

[ChrisB]

Yes, David, we get along really well, but when it comes to paying for it, I'm not just sure whether they will want to foot the bill if we need to hire help.  Its really big, and two other limbs are now looking a bit dangerous, so may need a tree surgeon I reckon.  The two other limbs might easily fall onto the greenhouse, which would become quite an expense.

[Martin Baxendale]

Chris, I'm pretty sure it's legally the neighbours' responsibility to remove the fallen tree limb and pay for any damage it's caused to your property. The tree is their property and their responsibility, just as if their chimmney had fallen into your garden.  

[ChrisB]

Thanks Martin, very helpful.  I am hoping it won't come to it, but if it starts to cost to remove, I wasn't sure of who has to pay.  It is amazing but it has not caused any damage whatsoever to the greenhouse, and just the tip of the fence seems affected, I think the Clematis montana, which is very bushy, broke the fall.  I didn't even lose a single plant in the pots that are around there, and the cold frame is fine too.  We have been very lucky.  But I think it has probably weakened the tree so much now, that it will need to be taken down completely, a huge job, and likely to be quite costly - but probably not as much as it would cost to replace the greenhouse!

[Arnold]

I'm not sure of local law in the UK, but here if a limb over hangs my property I can remove it.  If the limb was on your neighbors side it may be his responsiblility.

Arnold
New Jersey
USA

[mark smyth]

I'll lighten the subject with a quick query
If my neighbours peacocks lays eggs in my garden can I keep the eggs?

[Michael J Campbell]

Mark, peacocks don't lay eggs,at least the ones that I had never did,just the hens,

[ChrisB]

  Very funny Mark.  I was panicking because they had not been around to see about it all day.  But I needn't have worried. My gobsmacked neighbour just popped around now looking a bit green around the gills, he couldn't see if it had crashed into the greenhouse from his window.  He was relieved no damage to the greenhouse, and will sort out getting it removed too, so all is well now.  Whew!

[Anthony Darby]

Must be a real pine? I may be going out on a limb here, but I think you need to seek the advice of your local branch manager?

[David Nicholson]

Treemendous Anthony

[Maggi Young]

Anthony Darby, if I knew you were stocking up on puns like that I would have marched you across to Tesco's myself this afternoon and made you buy me LOTS of chocolate
And you're not much better, David N..... this is a serious matter... there's money involved! 

[TC]

Surely your neighbour's household insurance will cover this 

[Michael J Campbell]

Maggi,that's why he suggested seeing the branch manager