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 Ash Your Own Question
Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

Part of a tree, which is rooted some 2m inside my neighbour's

Customer Question

Part of a tree, which is rooted some 2m inside my neighbour's property, snapped off in recent high winds, and fell into our property, damaging our cars. The tree was ivy encrusted and snapped off about 1 1/2 metres above the ground so was probably diseased or structurally weakened in some way.
Does my neighbour have a simple common law liability for third party injury or damage, or do I have to establish negligence in some way?
David J Hemlin
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello David my name is ***** ***** I will help you with this.What is the cost of repair please?
Customer: replied 1 year ago.
There are two vehicles involved and the estimated repair costs are £2,333.98 and £3,468.16 (both inclusive of vat) respectively.
Expert:  Ash replied 1 year ago.
Thanks David - the neighbour IS responsible. It may not have been his fault but its his tree and therefore liable. Had it not been for the tree then it would not have damaged your property.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 signed 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 claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.Can I clarify anything for you about this today please?Alex
Customer: replied 1 year ago.
Thank you Alex, I will leave things at that for now, many thanks for your help which has been very usefulDavid
Expert:  Ash replied 1 year ago.
Happy to help David. If I could invite you to rate my answer before you go today please, otherwise the site doesnt credit me for the time spent with you. Thanks in advance. Alex
Ash and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Very happy with Alex's response to my question.David Hemlin
Expert:  Ash replied 1 year ago.
Good luck David