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LondonlawyerJ
LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 802
Experience:  Solicitor with over 15 years experience.
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Our neighbours think their conifer hedge has been infected

Resolved Question:

Our neighbours think their conifer hedge has been infected with honey fungus by an old tree in our garden. They are very upset and want us to pay for a new hedge. We had already agreed to remove the tree because it is unsightly and intrudes on their garden but the honey fungus claim is new. We're not sure if our tree is infected but we have had honey fungus in the garden before, so it is a possibility. Would we be liable to our neighbours?
Many thanks
Mary
Submitted: 2 years ago.
Category: Law
Expert:  LondonlawyerJ replied 2 years ago.
LondonlawyerJ :

Hello, I am a solicitor with over 15 years experience. I will try to help you with this.

LondonlawyerJ :

That will depend on the circumstances. Firstly it would need to be proved that it was more likely than not that the infection came from your garden. Then your liability will depend on whether you should have been aware of the the honey fungus in your tree, there would need to be a foreseeable risk of it spreading and the damage to their hedge would need to be reasonably foreseeable.

LondonlawyerJ :

Are any other gardens near you affected by honey fungus? I think on balance based on what I know from you that your neighbours would find it difficult to pin liability on you.

Customer:

Hi there, thanks for coming back so quickly and it's helpful to have this.

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