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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 70199
Experience:  Over 5 years in practice.
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my tree was down into neighbours garden damaged their

Resolved Question:

my tree was blown down into neighbours garden damaged their wall/fence. It is their boundary according to the deeds. The tree has been previously inspected and confirmed as sound .The recent storms have caused the tree to fall. The neighbour wants me to pay for the wall repairs
Submitted: 3 years ago.
Category: Property Law
Expert:  Remus2004 replied 3 years ago.
Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

how can I help with this please?
Customer: replied 3 years ago.


What do you need to know

Expert:  Remus2004 replied 3 years ago.
Are you asking if you are liable?
Customer: replied 3 years ago.

yes

Expert:  Remus2004 replied 3 years ago.
Is there any suggestion that your trees were diseased or the branches were otherwise loose?

Did any other trees blow down in your area?
Customer: replied 3 years ago.


Had an independant tree sugeon report 18 months ago which confirmed tree was sound, not damaged or diseased no evidence of loose branches. Tree was very large but had been in our garden over 30 years with no previos problems. No trees in area fallen as far as i know but cannot be sure.Neighbour is very difficult he wants to use his workman and me pay I have today had the tree removed from his garden at my expense As the boundary is HIS my insurance company will not pay. He has always wanted the tree down but it was beautiful and we refused.He previously sent unpleasant letters to try to get us to cut it down and offered to pay but now wont pay anything


 


 

Expert:  Remus2004 replied 3 years ago.
Thanks.

The short answer is that it depends.

If this was genuinely caused by the weather then its an Act of God and you are not liable. Obviously that could be the case. The weather has been particularly unusual and inclement.

If this was caused by a combination of an Act of God and negligence on your part then you are liable. To prove liability he is going to have to show that the tree was loose or diseased or there was some other indication that this could have happened. If you had a survey recently then that will support your position.

If you are prepared to contest this then just refuse to pay and invite him to sue. Chances are that he will not but if he does he has to prove what he alleges.

Hope this helps. Please let me know if you need more information.

Jo
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