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Would a tree surgeon know another tree surgeon, had previously got caught in a neighbour dispute ?

My neighbour's over hanging pine tree, drops sticky sap over my car, parked on my driveway.
Some years ago I asked them to cut it back and they kept saying they would but fobbed me off for nearly 2 years.

Finally, after continuing to chase my neighbour the surgeon arrived.
When he was obviously tidying up (finished) I went out to clarify and he confirmed he was done.
I explained that it was really being cut on my request (they didn't care) and that I'd been promised, it was being cut back so it would no longer be over hanging my car.
He said there was nothing he could do. The neighbour (mrs) refused for him to do any more, even refusing to come and look from my perspective, as she had a broken arm and couldn't walk.

Surgeon kept saying I don't know what you want me to do, I kept saying please cut off just a little more, before storming indoors.
When he left, I went out with 10 foot extended shears, climbed a step ladder and hacked a load more off.
She called the police, I saw them coming and drove off to the dump before they could stop me.

5 years on the tree continues to drop sap and is getting continually worse as the tree grows.
The neighbour was surprised there was still a problem even though I mention it regularly, was continually washing the car and had now resorted to buying and using a cover.

I asked about a month ago that he have the tree cut back to the boundary (I know I could in theory but the tree is already far heavier on their side, due to my pruning and if I just did my side it would become unsafe).

He said he would get it cut by 30%, which is not sufficient but is better than it is.
The surgeon has failed to arrive 3 consecutive weekends, after I moved my car from the drive in advance as agreed.
The first time no reason was given and the last 2 were cancelled due to the weather (dubious but plausible).
I just asked if he was coming this weekend and was told no. I asked why and was told, "because he had heard about the issues last time".
This was 5 years ago and we're in Bromley, not some small village.

Would tree surgeons have a way of flagging a disputed tree on a shared system ?
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Comments

  • Highley unlikely.
  • ads said:
    What, a sort of tree surgeons Experian?
    Not really. I was wondering if they all used a central system or could access a central system that would put them on notice as to protected trees or neighbour dispute trees.

    I mean how would one surgeon know that I had had a disagreement with a surgeon from another company 5 years ago?
    Is the neighbour bullshitting me like they have numerous times before ?
  • Yes, they are bullshitting you. Unless your neighbor told this new tree surgeon.
  • Cut your neighbour instead
    This is under consideration, depending on the outcome of this thread :wink:
  • Whispering trees and he is a tree reader!
  • edited March 2019
    CE.....don’t panic, you hold all the aces in this instance.
    You can quite legally cut the offending branches back to the boundary line just as long as you pass the cut off branches back over the fence and NOT dispose of them yourself, otherwise you could leave yourself open to a charge of theft.
    You say this might leave the tree in an unsafe condition.....well, it will be weighted now on their side so they’ll have the problem if the tree were to topple.
    So not your problem at all.
    To dot the i’s and cross the t’s send them a solicitors (or recorded delivery) letter informing them of what you are planning to do......you’d be perfectly within your rights.
    For good measure you could also ask the courts for any costs involved but take measurements and photos first in order to support your case.
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  • Redskin said:
    I'm no expert, Steve, but if the branches of his tree overhang your property, you are legally entitled to prune them. The branches and its pine cones remain his property though, so be sure to return them to their rightful owner...
    You are correct, cut what you want that overhangs your boundary just offer it back
  • I thought you could cut anything that grows over you boundary and you have to give the cuttings back to your neighbor.
  • My neighbour's over hanging pine tree, drops sticky sap over my car, parked on my driveway.
    Some years ago I asked them to cut it back and they kept saying they would but fobbed me off for nearly 2 years.

    Finally, after continuing to chase my neighbour the surgeon arrived.
    When he was obviously tidying up (finished) I went out to clarify and he confirmed he was done.
    I explained that it was really being cut on my request (they didn't care) and that I'd been promised, it was being cut back so it would no longer be over hanging my car.
    He said there was nothing he could do. The neighbour (mrs) refused for him to do any more, even refusing to come and look from my perspective, as she had a broken arm and couldn't walk.

    Surgeon kept saying I don't know what you want me to do, I kept saying please cut off just a little more, before storming indoors.
    When he left, I went out with 10 foot extended shears, climbed a step ladder and hacked a load more off.
    She called the police, I saw them coming and drove off to the dump before they could stop me.

    5 years on the tree continues to drop sap and is getting continually worse as the tree grows.
    The neighbour was surprised there was still a problem even though I mention it regularly, was continually washing the car and had now resorted to buying and using a cover.

    I asked about a month ago that he have the tree cut back to the boundary (I know I could in theory but the tree is already far heavier on their side, due to my pruning and if I just did my side it would become unsafe).

    He said he would get it cut by 30%, which is not sufficient but is better than it is.
    The surgeon has failed to arrive 3 consecutive weekends, after I moved my car from the drive in advance as agreed.
    The first time no reason was given and the last 2 were cancelled due to the weather (dubious but plausible).
    I just asked if he was coming this weekend and was told no. I asked why and was told, "because he had heard about the issues last time".
    This was 5 years ago and we're in Bromley, not some small village.

    Would tree surgeons have a way of flagging a disputed tree on a shared system ?
    To answer your question. No unless by some massive coincidence the famously sensitive and overly touchy community of tree surgeons won't give one single shit
  • CE.....don’t panic, you hold all the aces in this instance.
    You can quite legally cut the offending branches back to the boundary line just as long as you pass the cut off branches back over the fence and NOT dispose of them yourself, otherwise you could leave yourself open to a charge of theft.
    You say this might leave the tree in an unsafe condition.....well, it will be weighted now on their side so they’ll have the problem if the tree were to topple.
    So not your problem at all.
    To dot the i’s and cross the t’s send them a solicitors (or recorded delivery) letter informing them of what you are planning to do......you’d be perfectly within your rights.
    For good measure you could also ask the courts for any costs involved but take measurements and photos first in order to support your case.
    I know the law thanks guys, but if I cut more off it would very likely topple onto their car (not parked under the tree) or onto their house. They could then sue me for the damage.

    Also, the offending branches are too high for me to reach, so I too would have to involve a surgeon to cut next door's tree and I can see that being hard to achieve.
  • edited March 2019
    Wrong......if you tell them that’s what you are going to quite legally do, then they’d be fucking dopey to park their car there.....another ace you are holding.
    Also many tree surgeons have extendable hydraulic platforms that go to considerable heights, they also use extendable power saws to reach even further from those platforms.
  • Sounds like bullshit to me.
    I worked as a landscape gardener many yrs ago and this sort of case was common but we definately had no previous knowledge of jobs. Try and sort it out sensibly with your neighbour but if that cant be done, like redskin says above, cut it if its in your property(unless its protected). Is the sap white colour or more golden? White sap on your car could mean the tree is infected or dying.
    Also why can you neighbour not walk with a broken arm lol
  • Am I liable if I cause damage to a neighbour’s tree as a result?
    Yes. In law you would be considered negligent. Sometimes branch removal can lead to tree failure due to disease, a change in the balance of the tree, or different wind loading that causes the tree to blow over. For these reasons it is important to employ a competent tree surgeon or arboriculturist who could minimise risk and would take on the liability for the work (check they have public liability insurance prior to engagement of services).

    https://www.rhs.org.uk/advice/profile?pid=1022
  • Thats why i asked what colour sap. If the tree is already infected and u start removing branches they could technically blame you for killing the tree. If you can prove the tree is already diseased then show them the proof. 
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  • Hahahaha
     special branch just got me.
  • Bore a 5/8” hole deep as you can and fill hole with stump killer. Get the hole as low as possible so it’s not too obvious.  This time of year it works well. Should start to see the improvement by the end of summer.
    A friend of mine had a problem with a tree to close to the border.
  • Bore a 5/8” hole deep as you can and fill hole with stump killer. Get the hole as low as possible so it’s not too obvious.  This time of year it works well. Should start to see the improvement by the end of summer.
    A friend of mine had a problem with a tree to close to the border.
    Interesting, but they could sue me if I killed the tree.
  • Jokes aside i can put you in contact with a tree surgeon in Bromley but i dont think that is what your wanting? If the tree is healthy becareful if you get a mad moment and decide to chop the fucker to bits. If your car is covered then fine, the alternative is to show pictures of the sap on your vehicle and threaten them with the bill for your paintwork? Maybe then a compromise
  • Did the first tree surgeon get paid properly? Your address would be on the national register of tree surgeon knockers otherwise! Just saying!
  • The what?
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