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Was talking to Joshua about my neighbours dead tree blowing over onto and breaking my fence
After issueing proceedings the rest of the tree has blown over and done further damage
What is the best action to take now
Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.
May I clarify when the dead tree originally blew over please - you mention that it blew over some while ago and broke your fence?
For how long had it been dead prior to blowing over? Do you believe the tree would have blown over if it had not been dead?
Has the neighbour taking any action regarding the tree in the period between the original and second incident?
Originally blew over December 31st 2013
It has been dead for some 5 years
Thanks. Do you believe the tree would have blown over if it had not been dead?
If it was alive it would not have blown over as it had been there for at least 20 years
Neighbour has not taken any action between both incidents
Thanks. As we may have discussed before (I cannot immediately find the previous thread to which you refer in which we discussed this issue previously) it is necessary to establish negligence on the part of the neighbour in order to bring a claim - i.e. showing that poor maintenance was the main or contributory reason for the tree coming down as opposed to just being blown over by the wind - then you have the basis to pursue a claim as you say you have done.
The first branches to break off I had paid a guy to cut and remove wood
The same principles apply to the second latest incident - namely did the tree blow over due to poor maintenance by the neighbour or just because of wind.
In respect of the second incident negligence may be easier to establish than the first because the neighbour had notice that there was an issue with the tree as a result of the first incident and from what you say failed to anything about it nevertheless.
As you have already issued proceedings, you will wish to consider adding a further head of claim to your county court claim adding the further costs of damage to your original claim...
You can do this by initially writing to the court with a statement setting out such further events that have happened and the further damages you are claiming as a consequence and copying in the defendant. If the amounts are minimal the court may simply add them to your original claim based on your statement. Alternatively the judge may require you to issue a further claim formally by notice and send you a further claim form to complete. If the amounts involved are significant there may be a further court fee and allocation fee to pay if it increases your claim into the next bracket of court fees.
Are you happy with the information I have provided to you above or is there anything above I can clarify for you any further?
Yes the tree had never been pruned or cut at all and indeed he never even looked at it so in my mind it poor maintenance on his behalf, I have taken photos of all stages of this, written to him asking for my costs to be paid etc, given him a chance to pay my costs by showing good faith by mreducing the costs, but he has ignored everything I have tried, I have issued proceedings on the basis of poor maintenenace etc, since then of the rest of the tree has come down and is lodged on my garden shed
I will have clear the rest of the tree from my shed etc can I go ahead and pay someone to clear this etc
Such reasonable expenses and costs you incur can in principle be claimed together with the costs of damage caused subject as above.
Consider notifying the neighbour of such further costs and claims as soon as possible - if you have not yet quantified such costs then you can notify them with such costs to follow.
Once quantified you can notify the court of your further claim as described above.
Thank your advice has been great will recommend you to all who ask Thank you again