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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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In yesterdays storm a huge pine tree in our garden fell down.

Resolved Question:

In yesterdays storm a huge pine tree in our garden fell down. It went across one of our neighbours drive blocking their access to their house and landed in another neighbours garden taking fence panels down, damaging shrubs and a lawn.

What I need to know is who is responsible for the cost of removing the tree? and the cost of panels, shrubs and lawn?.

As our neighbours drive was blocked we have had an arborist in the remove the part of the tree that was lying across the drive.

Our insurance does not cover this as the tree did not damage any property
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts :

Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

You are.

Alex Watts :

If it is your tree and it has fallen then you are responsible.

Alex Watts :

It makes no difference whether damage was caused (and indeed you would have been liable for any damage)

Alex Watts :

But as the tree is yours, you are responsible

Alex Watts :

I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Yes its a bit disappointing as Ive read some conflicting info on-line. Ive read that as it was an "Act of God" we are not responsible for the cost of removing the tree. Its very confusing.

Alex Watts :

Sadly its your property. You may not be at fault, but imagine if it was your neighbours tree and it damaged your car. You would think it unfair if you had to pay out for that

Alex Watts :

Does that help?

Alex Watts :

Even if they claim on their own insurance, the insurance company are likely to seek reimbursement from you

Customer:

So this bit I read on line about an act of god is totally wrong then?

Alex Watts :

Act of God is not an insurance term it is a legal term.

Alex Watts :

He should really claim on his insurance, but they may well pursue you for the cost.

Alex Watts :

His insurance would cover any damage to his property.

Alex Watts :

If there is no damage, you would still need to remove the tree, as it belongs to you.

Alex Watts :

Does that perhaps clarify matters?

Customer:

Ok thank you.

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.


Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.


 


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Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
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