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

A tree in my garden has fallen into next doors garden damaging

Customer Question

A tree in my garden has fallen into next doors garden damaging their fence - they are demanding that I pay for removal of tree, new fence - although it is their fence - and to have their garden reinstated to original condition before accident due to storms of a few weeks ago. They insist tree is removed now when their garden is soaked and likely to be made worse as workmen will have to remove from their side of fence.
Submitted: 3 years ago.
Category: Property 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, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : Are you insured please?
Alex Watts : Do you have garden cover at all?
Alex Watts : Do you know the cost of the repairs please?
JACUSTOMER-xzjo56cl- :

Insured but company says this type of event is not covered in policy

JACUSTOMER-xzjo56cl- :

No

JACUSTOMER-xzjo56cl- :

about £400 for removal of tree

JACUSTOMER-xzjo56cl- :

I have received email to say you have replied - there is no reply content

Alex Watts :

Its bad news then I am sorry to say.

Alex Watts :

If the tree is in your garden which it is you are liable for the tree.

Alex Watts :

Because it has fallen on the fence then you are responsible for removing the tree and putting the fence back in order.

Alex Watts :

You are responsible for that as the event occurred from something you owned on your land.

Alex Watts :

The same with putting the garden back - but of course you are mainly liable for the fence and tree.

Alex Watts :

Imagine if this was your property and someone else's tree had damaged your property - you would want them to fix it

Alex Watts :

Sadly the same applies here

Alex Watts :

I am sorry if this is not the answer you want and is certainly not the one I want to give you but I have a duty to be honest

Alex Watts :

They can insist the tree is removed.

Alex Watts :

Can I clarify anything for you about this today please?

Related Property Law Questions