Overhanging branches

[simonh102]

OK - My neighbour in France (Gers - region 32) is a total pain. He always wants me to cut down overhanging branches and expects me to pay for them. I can understand this sounds reasonable.... however the trees are about 30m from his house, they are all over 100 years old and have been overhanging for a long long time - the trees in question are from 50-130foot tall and some of the overhanging branches are 2ft trunks 40ft upwards in the air - this is not a DIY job and will be expensive - there are up to 10 different trees he is complaining about.

He only seems to have had a problem with the branches since he has had an English neighbour....

He has now sent me a letter from his insurance company giving me one months notice to cut all the branches or they will take legal action

So my question is

1) If the trees are planted more than 2m from the boundary line am I liable to cut the overhanging branches at my cost?

2) Given the age of the trees and the fact that they will have been overhanging when he bought the house some 30 years ago, and when I bought the house 10 years ago am I still liable

3) Does anyone know an English tree surgeon in the Gers!

I believe they are just over 2m from the boundary line to the centre of the trunk (this would show the original planting position)

[andyh4]

1. Yes

2. Yes

3. No - sorry no idea.

[simonh102]

If this is true thats a real shame - so is there absolutly no movement on the article 63 code?

It seems very unusual because to interpret a law so strictly can have unusual consequences when applied. To cut the trees in question will cost thousands of Euro and is a complete waste of time

[HoneySuckleDreams]

[quote user="simonh102"]3) Does anyone know an English tree surgeon in the Gers! I[/quote]

I know of one in Dept65 just over the border, if you are still interested.

I've just pollarded a tree myself. We had a manitou on site for the roof work we are doing which made access easy, but even so, it was still a bit dodgy 40ft up. With so many to do, it might be worth getting in someone who knows what they are doing.

[Wilko]

Simon............call his bluff, do nothing. Is he going to go to law for this, considering what it costs in France. If the trees are unlikely to cause a subsidence problem with the neighbours house I fail to see how the insurance company will wish to become involved. He's taking the piss.

Good luck

Wilko

[BJSLIV]

As the insurance company are involved, have they also asked for the roots to be pruned?

[Patf]

If you decide to have it done ask at the Mairie for the name of someone local who does this work.

Or look in the pages jaune under "Elagage et abattage". There are loads in the Gers, but don't know about english ones.

[simonh102]

The trees are over 30 metres from his house so there is no request to prune the roots. He is just doing it to be awkward.

He is about 90 and has nothing else to do than pursue me. He called the police out as well, the amazing thing is that they actually responded and came out! I guess there is not much esle going on in rural france, they were a bit embarrassed when they got there and realised it wasnt really a police matter :)

[Benjamin]

He sounds an absolute beauty.  [:P]

Go and see him and explain, in very bad French (even if you're fluent) that you're waiting for The Boys to come round.

As you say, not a lot else to do at this time of year.

[Benjamin]

I forgot.

Shrug a lot.

[Gardian]

As Andyh4 has said, I suspect that you're on dodgy ground here. Not sure what the law says, but I seem to remember that the situation you describe falls foul.

However, setting the minor matter of the law aside[blink], let's consider 'reasonableness'. The tallest of the trees you describe is as high as the distance from them to his building - in other words, if it / they were to fall, his property could be seriously damaged. Presumably his outside living space is also shaded to a great extent at some time of the day?  The 1st of the above is the bit that will interest his insurer and you shouldn't count on them not pursuing you.

Let's put it this way, if the situation was reversed, how would you feel?  From your description, these are very big trees that are well overdue for some management. Sorry, but I'm with the old boy on this.

The answer of course is some form of compromise rather than a standoff (which you could easily lose). A face-to-face suggestion that you take his point and that you will offer to elaguer the tallest of the trees within (say) the next four months and manage the remainder on an ongoing basis. This isn't going to be cheap because (as has been said) you'll need serious professionals to carry out the work, but it's property maintenance I'm afraid.

 

[Hoddy]

I agree with Gardian; it is better to come to a compromise if you can.

How long have you owned the house ? Have you been getting on well with him until now ?

Is he really 90 or is this shorthand for just generally old ? Was receiving the letter the first you knew about his discomfort ?

Would it be possible for you to sacrifice one of the trees ? Might it be possible to sell it to fund the pruning of the rest ?

I ask because one of my neighbours wanted us to cut down some poplars to improve his view. I sympathised but didn’t feel like spending a lot of money. We tried in vain to find someone who would buy the offending trees. Our neighbour found someone for us so in the end we were all happy.

Hoddy

[NuBeginnings]

Have you asked him to share the costs of cutting the branches.

Shame you're not near us department 37 I would have asked our forest manager to sort it out.

[Gardian]

[quote user="Hoddy"]I agree with Gardian; it is better to come to a compromise if you can.[/quote]

From the deafening silence, I suspect that the OP isn't the kind of person who does compromises or is particularly interested in another point of view - particularly that of a 90 year old foreigner. 

[quote user="Hoddy"]Have you been getting on well with him until now ? [/quote]

See above - says it all.