Advice required, fallen tree limb.

The problem

My neighbour at our allotment site planted a "wildlife" hedge some ten years ago and has just allowed it to grow, one of the species planted was a black willow and it has reached 40ft. It's growth was spread over three main trunks and the centre one was blown over in the wind last night into my plot, causing some damage but very minimal (I'm not concerned about the damage). I'm more concerned about clearing this tree limb from my plot, whose responsibility it is etc. Another of the two remaining limbs has grown out at around a 45 degree angle and because the first one has fallen it is now fully exposed to the prevailing wind and was cracking and creaking this morning. This limb and the fallen one are both rotten, which can be seen.





The Issue

There is some history between us as a few years ago just after I took over the tenancy of the plot they moved the fence 3ft into mine enlarging theirs and diminishing mine. I spoke to them about it and I was told in no uncertain terms I was to leave as they had done so or to "never be friends again" or "never speak". I sought advice here at the time and my course of action was to inform the parish council to cover myself as if I had left it like that I would have also been in contravention of the sites rules. I informed the council and they sent letters out and since then I have suffered minor vandalism and abuse. Nothing that I can prove or show who is to blame of course.

So, because of this I am reluctant to inform the council at this stage but I have read up a little and it would seem that I would have to prove negligence on their part for it to be their responsibiliy.

My proposed action

I plan to attempt to speak with them (They may not and simply ignore me) and invite them into my plot to view the rot in the tree as they may not be able to see it from their side and to point out the gap the fallen limb has left and how the prevailing wind may now knock the 2nd down too and quite soon. Then I am going to offer them access and assistance to cut up and remove the fallen limb and any help I can with the 2nd to remove that too because if it does fall it will wipe out their polytunnel or if it falls slightly towards my plot it will take out mine.


Rot where the limb came from and also on the rightmost limb that is at 45degrees.


The two remaining limbs, both leaning, the more severe on the right.

Legal part.

I know with neighbours trees and bushes that there is a legal requirement to hand back any prunings should you trim any back that come over your boundary and you prune them. The fallen limb did not come away clean it ripped down the main trunk and is therefore still attached to the tree, so technically if I have to remove the limb without their help I would have to pass the bits of limb back to them. How does this work, do you just throw it over the fence (In a manner that does not cause damage of course) or some other way?

So, can anyone offer any advice in regards to this problem or are you aware of the law in this situation as I do not want to get my approach to this wrong in the coming days.

Thanks in advance.

Steve...

 

Not sure, but can only say that when a neighbours tree fell on my sister's house, a few years ago, which wiped out part of their garage, front gate and wrote off their nearly new car, they had to claim on their car insurance and house insurance.

It appears the tree owner did not bear any responsibility.

 

@shiney would probably be the man to help with the legal side Steve, if he would be so kind.

Meanwhile, I believe willows are still 'protected' so that may have a bearing on things. To be honest I think the whole tree should be removed if the reason it's fallen is because of rot, I would be inclined to think the rest is the same and removing it would err on the side of safety.

 

Steve, 3 things come to mind 1/ what would have happened had you been working on the plot? 2/ what is the allotment committee doing about it? And 3/ Because of the danger posed by the remaining stems, the Parish Council MUST be informed. Never mind upsetting your neighbouring gardener, he has put lives in danger by not properly maintaining the tree.