Neighbours trees again

IrishHomer · 25-01-2025 10:22PM #1

A tall tree on a vacant site next door to me came down and landed on my shed and has damaged the roof.

Over the past decade I've asked the owner to either allow me or for him to cut them as they are blocking all our sunlight and are 70 ft high and costing me a forune in extra heating.

They

Anyway he's always refused he's nuts.

They are an 80 metre long row of leylandai trees abou 49 years old. They run along our boundary but are inside his line. My home is under their shadow and if any more fall my home will get hit.

Where do I go from here? My house may be next and the law states I can't touch his trees only stuff that hangs across mine.

Peregrinus · 26-01-2025 04:28AM

Is the tree that fell down one of the row of leylandii?

Your neighbour is under no obligation to trim his trees in order to give you light or heat, and he's not liable for unforeseen random events involving his trees that cause damage. But if he doesn't manage and maintain them properly and damage results, he is liable.

So, might be worth your while talking to a tree surgeon, arborist or similar about whether, given their age and height, the leylandii present an unacceptable risk of falling in high winds, and ought to be thinned and/or trimmed. You could also ask him to inspect them for signs of rot or other diseases. I'm no expert, but I think 50 years is very old for a Leyland cypress, so there would be at least a question about whether they are still sound.

If the advice supports this, you could then write a letter (or, perhaps better, a solicitor's letter) to your neighbour saying that the tree fell because it was not properly maintained, seeking compensation for the shed, asking him to fell the other trees or take appropriate measures to make them safe and putting him on notice that if other trees fall and cause more damage to your property you will similarly seek to hold him liable.

MarkR · 26-01-2025 11:01AM

So if a neighbours tree falls and damages your property they're not liable?

Just googled it and came up with this.

The owner and/or occupier of land upon which trees stand are generally liable for any loss or damage resulting from falling trees. However, tree damage caused during a stormy event is usually considered a natural event and the land owner and/or occupier may not be considered liable.

IrishHomer · 26-01-2025 02:41PM

Ys the tree that fell down is one of the row of Lilandai.

I looks rotten and perhaps diseased or dead.

Claw Hammer · 26-01-2025 05:19PM

Contct your house insurance and make a claim. Let the insurance claim from the neighbour.
There is no point in you suing the neighbour at your own expense.