This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules . Thank you for your understanding. Mark_In_Hampshire Posts: 1,531 Forumite 10 August 2010 at 8:41PM I can see both sides of the argument. Afraid I don't have a categorical answer, though.. Openreach can and do charge for repairs to damage done to the line by the subscriber, which would include a tree on your property (your tree) damaging the line, which is reasonable enough, as you have a duty of care. However if the tree belongs to your neighbour and is overhanging your drive, then you could presumably warn the neighbour and force them to trim it so it does not overhang your boundary, which would also solve the issue. I presume there is some formal dispute process for this which has nothing to do with BT and everything to do with property boundaries, and means that you can force the neighbour to trim the tree or cut it down altogether, and if they refuse, perhaps you can cut away the bit that overhangs yourself. What's the expession... "the more arguments you win, the fewer friends you have" Given that the landline was in place before the tree grew to that position (e.g. it came first - assumption, the line was not fitted in such a way that it was obviously going to be damaged from day one) it's a little disingenuous of your neighbour not to take responsibilty. I can see why BT would refuse to re-site the line at their cost in these circumstances. It would seem to come down to whose responsibility it is to pursue your neighbour either for the cost of resiting the line or removing the bit which overhangs. 0 hebrideans Posts: 4 Newbie 10 August 2010 at 9:12PM It would seem to come down to whose responsibility it is to pursue your neighbour either for the cost of resiting the line or removing the bit which overhangs. Thanks Mark - agreed - that is the issue. I would like to think that it's BT's issue to talk to my neighbour as I don't believe I'm contractually involved in that discussion. With a bit of luck someone else who's had the same experience may come forward. 0 macman Posts: 53,129 Forumite 11 August 2010 at 7:20AM You can of course trim the neighbour's overhanging branches without requiring his/her permission, as long as you offer the prunings back. No free lunch, and no free laptop 0 Heinz Posts: 11,191 Forumite 11 August 2010 at 7:45AM edited 11 August 2010 at 7:48AM macman's advice is not only correct, it's the obvious (and quickest) solution. I regularly trim 2 neighbours' trees and bushes where they encroach over my boundary wall/fence. Time has moved on (much quicker than it used to - or so it seems at my age) and my previous advice on residential telephony has been or is now gradually being overtaken by changes in the retail market. Hence, I have now deleted links to my previous 'pearls of wisdom'. I sincerely hope they helped save some of you money. 0 Sooler Posts: 3,116 Forumite 11 August 2010 at 11:00AM As said, you can trim the tree as soon as it comes over into your property you ought to have kept it trimmed to prevent it from affecting the telephone lines. just get the tree cut - job done - problem solved - easy 0 hebrideans Posts: 4 Newbie 11 August 2010 at 1:52PM macman's advice is not only correct, it's the obvious (and quickest) solution. just get the tree cut - job done - problem solved - easy That's actually not the case - the trees (I should have been clear - there is more than one) are very mature and are therefore both extremely high and have heavy limbs. Cutting them down would be expensive for me and I believe the cost should be borne by my neighbour - which I believe is a discussion that BT should have with him. But it would seem that the forum's advice is fairly clear so perhaps I should be listening... 0 macman Posts: 53,129 Forumite 11 August 2010 at 1:57PM You can't compel the neighbour to have the trees pruned. I think that BT will take the view that as the damage is on your property then they will charge you (they're certainly entitled to charge one of you) You of course are then open to taking a civil action against your neighbour to recover the costs, which you would doubtless win-eventually and after much outlay. No free lunch, and no free laptop 0 Heinz Posts: 11,191 Forumite 11 August 2010 at 2:04PM macman wrote: » You can't compel the neighbour to have the trees pruned. I think that BT will take the view that as the damage is on your property then they will charge you (they're certainly entitled to charge one of you) You of course are then open to taking a civil action against your neighbour to recover the costs, which you would doubtless win-eventually and after much outlay. ....... with near-the-surface (and on-going) animosity likely to remain thereafter. Time has moved on (much quicker than it used to - or so it seems at my age) and my previous advice on residential telephony has been or is now gradually being overtaken by changes in the retail market. Hence, I have now deleted links to my previous 'pearls of wisdom'. I sincerely hope they helped save some of you money. 0 Mark_In_Hampshire Posts: 1,531 Forumite 11 August 2010 at 2:05PM Interesting to see what others think. Personally, I think BT's position is reasonable and very much as macman says. That isn't an unequivocal answer from a legal standpoint, though. One other thing occurs to me which is that if the pole is quite near the boundary and if the answer were to not cut the trees, but resite the pole, and that meant the pole ended up in the centre of your garden or in a worse position than now, that wouldn't be an attractive option, and is not something you should have to tolerate when the issue is being caused by the neighbour. 0 Torry_Quine Posts: 18,906 Forumite 11 August 2010 at 2:07PM Have you actually spoken to your neighbour about the problem as he may not be aware. He may just be amenable to getting them trimmed back. Lost my soulmate so life is empty. I can bear pain myself, he said softly, but I couldna bear yours. That would take more strength than I have - Diana Gabaldon, Outlander 0 Confirm your email address to Create Threads and Reply

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