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Nicola-mod
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Category: Property Law
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Experience:  Moderator
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During the high winds last night two very large branches from

Customer Question

During the high winds last night two very large branches from one of our neighbours trees came down on our fence causing serious damage (its actually the fence between our property and a third parties property). Who is responsible for the repair of the damaged fence and the removal of the branches?

Also the same tree has a significant amount of roots in our property, all basically on the surface. Clearly this makes the tree potentially unstable and could possibly come down on our garage. Is our neighbour responsible for the removal of these roots (and the reinstatement of our garden) and the ensuring the tree is safe?
Submitted: 2 years ago.
Category: Property Law
Expert:  chatham-chamber replied 2 years ago.

chatham-chamber :

Hi,

chatham-chamber :

Where is the tree situated, is it in the neighbour's property?

JACUSTOMER-dyiykt9p- :

Yes....the tree is situated in the neighbours property.

chatham-chamber :

Hi, if the damage was caused due to the tree situated in the neighbours property, I am of the opinion that the neighbour would be responsible for making good any damage.

chatham-chamber :

You can either ask the neighbour to arrange for the damage to be repaired, or you can have the damage repaired and then send a copy of the invoice to the neighbour demanding payment.

chatham-chamber :

If you have home insurance, y

chatham-chamber :

you should check whether this situation would be covered. It may be that your insurers may deal with everything through the neighbour's insurers.

chatham-chamber :

I hope this helps. If so, kindly click ACCEPT.

chatham-chamber :

If you wish to discuss, please feel free to ask further questions.

chatham-chamber :

Many thanks,

Expert:  Nicola-mod replied 2 years ago.
Hello,

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Thank you,
Nicola

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