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The person who has had their shed damaged should claim off their insurance.
This is called an Act of God and may be covered by insurance.
The neighbour is then entitled to make a reasonable claim for expenses against the tree owner but this is only likely to be successful in cases where the neighbour can demonstrate negligence on behalf of the tree owner.
Therefore the owner of the tree would be rsponsible.
My insurance tell me they will pay to remove the fallen trees and fix the fence. The will not pay for the sheds.
Where the tree is on a border and is owned by several parties, they are both liable.
In short the owner or owners of a tree is liable
Who owns the tree. It is on the border and was maintained neither by myself or the next door neighbour.
The neighbour should have their own insurance for the sheds
You need to check the deeds.
If it does not mention it is to be maintained by anyone then it is shared responsibility
Can I clarify anything for you about this today please?
They probably have but are not happy to have to use it. Do I have to tell them hard luck and can they bring a small claims case?
Yes, but they would have to show:
1) you are the owner
2) you have been negligent
But if it is shared responsibility then the claim would fail (if you and they own it)
Is not cutting the tree negligent?
Cutting in what way?
The tree has not been pruned by either neighbour.
Ok - that does not necessarily been anyone has been negligent
If it was brought down by the winds then that is the cause.
So your advice is:
So you advice is: 1. If the deeds do not state who owns the border it is shared and therefore so is any liabilty. 2. The sheds are the problem of the injured party.
That is correct
Can I clarify anything else?
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