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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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M Y NEXT DOOR HOUSE HAS A VERY TOLL TREE AND THE ROOTS HAVE

Resolved Question:

M Y NEXT DOOR HOUSE HAS A VERY TOLL TREE AND THE ROOTS HAVE DAMAGED THE FENCE ANF LARGE PATIO SLABS AND FENCE.
WE HAVE SHOWN THE DAMAGE CAUSED BY THEIR TREE.I AM WANTED TO KNOW WHOSE RESPONSIBILTY IT IS TO FELL THE 60.FT TALL TREE AND REPAIRS ETC.THEY HAVE BLCK OF 8 FLAT WHILE WE ARE SINGLE HOUSE HOLD.I OFFERED TO PAY AS GOOD GESTURE ONE OF 8 SHRES OF COST WHICH COMES TO £2000-00.
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 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 :

If the tree belongs to the neighbour and has damaged your property then he is responsible for the repair

Alex Watts :

He may have insurance for this

Alex Watts :

You need to get a number of quotes for getting the work done and this forms your loss

Alex Watts :

You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this recorded delivery and keep a copy.


 


If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.


 


The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.


 


If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.


 


Can I clarify anything for you about this today please?


 

Customer:

we both are quite friendly with next door and would like to settle matters very amicably as most of people living there are seniors and includes me as well.

Customer:

Last thing I will like to do is to take them to court.

Alex Watts :

Yes. As a lawyer I can only tell you the legal solution

Alex Watts :

You could try mediation

Alex Watts :

There are several providers if you Google them and you may be able to reach a solution for you both

Alex Watts :

Does that help?

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’.


 


Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

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