How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Joshua Your Own Question

Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
35043042
Type Your Law Question Here...
Joshua is online now

Was talking to Joshua about my neighbours dead tree blowing

Customer Question

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

Submitted: 3 years ago.
Category: Law
Expert:  Joshua replied 3 years ago.

Joshua :

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.

Joshua :

May I clarify when the dead tree originally blew over please - you mention that it blew over some while ago and broke your fence?

Joshua :

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?

Joshua :

Has the neighbour taking any action regarding the tree in the period between the original and second incident?

Customer:

Originally blew over December 31st 2013

Customer:

It has been dead for some 5 years

Joshua :

Thanks. Do you believe the tree would have blown over if it had not been dead?

Customer:

If it was alive it would not have blown over as it had been there for at least 20 years

Customer:

Neighbour has not taken any action between both incidents

Joshua :

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.

Customer:

The first branches to break off I had paid a guy to cut and remove wood

Joshua :

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.

Joshua :

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.

Joshua :

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...

Joshua :

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.

Joshua :

Are you happy with the information I have provided to you above or is there anything above I can clarify for you any further?

Customer:

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

Customer:

I will have clear the rest of the tree from my shed etc can I go ahead and pay someone to clear this etc

Joshua :

Such reasonable expenses and costs you incur can in principle be claimed together with the costs of damage caused subject as above.

Joshua :

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.

Joshua :

Once quantified you can notify the court of your further claim as described above.

Customer:

Thank your advice has been great will recommend you to all who ask Thank you again

Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
Joshua and other Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice