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Ask Jo C. Your Own Question
Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70506
Experience:  Over 5 years in practice
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A neighbours Branch has snapped off and fallen onto my Gazebo

Customer Question

A neighbours Branch has snapped off and fallen onto my Gazebo tearing the Tent like Fabric.
Do i have any redress against the neighbour ?
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is Jo and I will try to help with this.

I presume the branch was overhanging into your garden?
Customer: replied 3 years ago.

For Jo C


Yes it was overhanging at height

Expert:  Jo C. replied 3 years ago.
Thanks.

Did this happen during the storm please?
Customer: replied 3 years ago.


For Jo C


Possibly

Expert:  Jo C. replied 3 years ago.
Thank you.

In principle you do have a claim. Come what may, his property has damaged yours which is the basis of a claim against him.

The only issue here may be this. He may try to argue that this was an act of God. Things like storm damage can be considered an act of God and no person is liable for an act of God.

To counteract that, you can argue that he must have known that it was overhanging anyway and allowing it to do so could be considered negligent and also there was ample warning of a storm. Of course, that doesn't make him liable for the storm but it would be possible to argue that the failure to remove an overhanging branch when storms were publicised could amount to negligence.

Can I clarify anything for you?

Jo