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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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A border tree has been partially through to e thtwo neighbouring

Resolved Question:

A border tree has been partially blown through to e thtwo neighbouring properties at the end of my, and my next door neighbour's, garden. It has damaged their sheds. Who is legally responsible for the damage. The tree was not maintained by anyone.
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 as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

The person who has had their shed damaged should claim off their insurance.

Alex Watts :

This is called an Act of God and may be covered by insurance.

Alex Watts :

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.

Alex Watts :

Therefore the owner of the tree would be rsponsible.

Customer:

My insurance tell me they will pay to remove the fallen trees and fix the fence. The will not pay for the sheds.

Alex Watts :

Where the tree is on a border and is owned by several parties, they are both liable.

Alex Watts :

In short the owner or owners of a tree is liable

Customer:

Who owns the tree. It is on the border and was maintained neither by myself or the next door neighbour.

Alex Watts :

The neighbour should have their own insurance for the sheds

Alex Watts :

You need to check the deeds.

Alex Watts :

If it does not mention it is to be maintained by anyone then it is shared responsibility

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

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?

Alex Watts :

Yes, but they would have to show:

Alex Watts :

1) you are the owner

Alex Watts :

2) you have been negligent

Alex Watts :

But if it is shared responsibility then the claim would fail (if you and they own it)

Customer:

Is not cutting the tree negligent?

Alex Watts :

Cutting in what way?

Customer:

The tree has not been pruned by either neighbour.

Alex Watts :

Ok - that does not necessarily been anyone has been negligent

Alex Watts :

If it was brought down by the winds then that is the cause.

Customer:

So your advice is:

Alex Watts :

Yes?

Customer:

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.

Alex Watts :

That is correct

Alex Watts :

Can I clarify anything else?

Customer:

Thank you.

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.


Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.


 


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Customer:

OK.

Alex Watts :

All the bets

Alex Watts :

@ best @

Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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