Advice pleas
eggchips
Posts: 8
Hello Friends
i have (had) a lovely birch tree in my front garden, and the leaves and smaller branches were tapping our bedroom window. During the heavy winds it was waking us up at all hours so I spoke to a tree surgeon and explained that I didn’t want the tree pruning (it does not have a TPO) but just a ‘hair cut’ to stop the top branches tapping the glass.
Yesterday he turned up, we were at work, my daughter was home from college. I received a text from her midday with a picture and a message which read, ‘we might as well not have a tree‘, I was horrified. The man has destroyed the tree and lopped off all the big strong branches and given the tree a crown top. I got him on the phone and he said that’s what we discussed. I asked him to read the message I sent him which specified what was needed. He just said well wait till you get home and see what you think, you may like it.
The tree gave us privacy and shading at the front of our home and you couldn’t see most of the house. You can now see the whole front of the house and we have lost a beautiful view from inside. I’m quite devastated.
When I said to the man I can see across the road now, his answer was well nobody lives there. He was quite blasé about it. He suggested I called him when I got home. I did but he hasn’t answered the phone.
Can anyone give me any legal advice as to whether I have a case against the man who destroyed the tree?
Thank you in advance.
Last edited: 25 October 2017 07:49:45
Posts
In what way has he destroyed the tree? It would take a lot to destroy a tree that big.
He‘s probably lopped it as he’s been taught, if you just tip it it will be back the same size by next summer,
It will shoot out and by next year will be green again.
Can you add a photo?
Friends of ours have this done every few years to reduce the tops of some birches in their garden. They're between houses and known to be shallow rooted and relatively short lived so they keep the top thinned and shortened to reduce the risk of one or all going over onto a house.
Done well by a competent surgeon the trees grow back well and look great. If you can post a pic we can help you decide if he's done well or been a butcher. Size counts so if a pic won't load, resize it.
Forgive me everyone but the tree now looks like a telegraph pole with a mop of leaves at the top.
My point is he has carried out work that was not requested. I didn’t ask him to lop anything i asked him to give it a haircut and made it clear thats what was wanted.
Im sure if I posted a photo you would all tell me how wonderful it looks and he’s done a good job.
Its like going to the barbers and asking for short back and sides and the barber getting carried away. All your friend tell you it suits you and tell you not to worry as it will grow back in time.
This person has made my tree bald and now instead of total privacy, shading and a beautiful view of the tree I have nothing Is. it will take at least 10-15 years to even get close to where it was and sadly I probably won’t be here to see it.
I seem to have no redress with the person who botched the job.
You have if you haven't already paid him!
He can’t charge me for a job he wasn’t asked to do.
That's one compensation then and I think the tree may recover faster than you fear. Give it a mulch now of well rotted manure or garden compost and maybe a sprinkling of bonemeal around the roots first and then a good all-round feed in spring - some blood, fish and bone around the roots and then a mulch of well rotted compost or garden manure but not too deep.
The tree now looks like a telegraph pole with twigs right at the top.
UPDATE
I have just received a call from the tree surgeon.
He has apologised profusely for the error, the first one ever in 28 years of working in the business apparently?!?. He said he read my text last night and realised that he made a mistake. That doesn’t help me and he knows that. It did not make me feel any better especially when he told me my neighbur was ecstatic that the tree has ‘gone’, it seemed to make it easier for him to accept his catastrophic error knowing my neighbour was delighted. When I explained my neighbour he spoke to was the (52 year old) son of the home owner who suffers from paranoia and has asburgers and spies on us through the window on a daily basis, the tree surgeon went back into his shell and continured to say sorry. My neighbour sadly can’t help how he is and generally is well behaved but can be very intimidating and violent. He can’t help it. He is however very excited now he can see into our drive way and watch our comings and goings. Our privacy gone, but hey ho he is happy.
The tree surgeon has now offered (at his expense) to plant Leylandii trees close to the tree he butchered so it will create in time a barrier between the neighbouring property. I loathe Laylandii but it’s the only think I will give us the privacy at the side. It won’t work at the front, the privacy there has gone for good.
Thank you for all the replies.