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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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We had a tree removed from our garden 2 years ago as my neighbor

Resolved Question:

We had a tree removed from our garden 2 years ago as my neighbor complained about the roots in her garden.
We have just received a letter from a law firm trying to claim tree root damage to her property.
Can she do this to us ?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.Has she had a survey done at all please?Alex
Customer: replied 1 year ago.
no she has not j
Expert:  Ash replied 1 year ago.
Then these are just spurious allegations. Unless they provide you with some sort of evidence, at least a surveyors report saying what the damage is AND that the tree caused it - then you are not liable.If it went to Court a Judge would want to see evidence. They cant just say, of you damaged our tree but we have nothing to show you that you did.Can I clarify anything for you about this today please?Alex
Customer: replied 1 year ago.
the letter says I can meet at the respective properties for settlement if i wish if i don't enter into such a meeting then she has the right to issue proceedings without further notice.i had a problem with this person a year ago about a raised flower bed and plants on her fence flower beds removed and put up my own fence. then nearly a year i get this. thank you chris
Expert:  Ash replied 1 year ago.
Yes, there is nothing they can do without evidence. Nothing whatsoever
Expert:  Ash replied 1 year ago.
Does that help?Alex
Customer: replied 1 year ago.
so you are saying she has to prove it was my tree i need to see a report but if she can prove it was my tree roots i will have to pay her.
Expert:  Ash replied 1 year ago.
Yes that is correct. But even then your insurance may may out. Needs to prove it was your roots that did the damage
Expert:  Ash replied 1 year ago.
Does that clarify for you today?Alex
Ash and other Law Specialists are ready to help you
Expert:  Ash replied 1 year ago.
If this answers your question could I invite you rate my answer before you leave today.If you don't rate then the site does not pay me for the time I have spent answering your question.
Expert:  Ash replied 1 year ago.
Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/