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Old 21.09.2011, 22:43
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Monster trees in our garden, any advice on landlord responsibilities?

Hi
This is partly a question about garden maintenance and landlord responsibilities, partly about trees in general. We have two lovely fruit trees in our garden, one plum and one apple. They are very old and the landlord refuses to prune them back in any way. Notwithstanding the tonnes of (mostly inedible) fruit we have to clean up from the lawn, our drive and the neighbours drive where the tree overhangs, much of the trees branches seem to be dead and frequently we find large branches that have rotted and fallen off. The apple tree in particular has some really large branches that need propping up and which are bowed to the ground. Does anyone know if it is normal to leave trees in this way? It makes a large portion of the garden into a no go area for our family and we cannot use part of the drive because of the overhanging branches. I mentioned it to the landlady again today but she just got really defensive although our lease states the care of the trees sits with the landlord. Just wondered if anyone had had a similar experience? Or knew anything about trees? Thank you!
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Old 21.09.2011, 22:56
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Re: Monster trees in our garden, any advice on landlord responsibilities?

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Hi
This is partly a question about garden maintenance and landlord responsibilities, partly about trees in general. We have two lovely fruit trees in our garden, one plum and one apple. They are very old and the landlord refuses to prune them back in any way. Notwithstanding the tonnes of (mostly inedible) fruit we have to clean up from the lawn, our drive and the neighbours drive where the tree overhangs, much of the trees branches seem to be dead and frequently we find large branches that have rotted and fallen off. The apple tree in particular has some really large branches that need propping up and which are bowed to the ground. Does anyone know if it is normal to leave trees in this way? It makes a large portion of the garden into a no go area for our family and we cannot use part of the drive because of the overhanging branches. I mentioned it to the landlady again today but she just got really defensive although our lease states the care of the trees sits with the landlord. Just wondered if anyone had had a similar experience? Or knew anything about trees? Thank you!
It is actually healthier for the tree and safer for the property if the dead and dying limbs are pruned off. The dying parts of the tree will actually attract insects to attack the tree and promote further damage which could result in the tree's death. That in turn could result in having to have the tree removed, which doesn't do anything for the property other than leave an ugly scar.

Safety-wise, if limbs are touching the house or overhanging creating a safety hazard, this causes a liability that should be prevented. Otherwise there could be costly damages created to automobiles or tenant property.

If the landlord REALLY loves the trees, then they should really be encouraged to consult with an arborist about how to be a good steward and promote the health of the tree. Laissez-faire is not the way to go.
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Old 21.09.2011, 22:58
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Re: Monster trees in our garden, any advice on landlord responsibilities?

Complain to the commune.

Landlord is responsible.

End of story.

Tom
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Old 22.09.2011, 09:40
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Re: Monster trees in our garden, any advice on landlord responsibilities?

While going to the commune could be an option, it will likely make things quite toxic with the landlady as she seems very protective of the trees.

Perhaps another route to take, send her an official complaint via registered mail, asking for a rent reduction for the non-use of certain garden spaces, etc. (this should get her attention) Also cite any commune/Canton regulations regarding trees. For example, ususally they have to be a max height if near a road or on perimeter of plot, or obstructing views, etc. Look at your commune regs. I would at least go this route first, as a first warning, before going to the commune.
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