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Joshua
Joshua, Lawyer
Category: Property Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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A neighbours tree has fallen into my mothers garden in the

Customer Question

A neighbours tree has fallen into my mothers garden in the storm. Do I have the right to ask them to remove it? It has not caused any damage.
Submitted: 2 years ago.
Category: Property Law
Expert:  Joshua replied 2 years ago.

Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

May I clarify whether the tree blew over as a result of high winds alone or was the tree poorly maintained and was a danger as a result making falling a possibility in any event please?

Customer: Think it was high winds, don't know if tree was poorly maintained or not
Joshua :

Thanks. If a tree blows over due to high winds rather than being badly maintained - e.g. a dying tree can constitute a risk of falling branches and so on if not felled or otherwise properly maintained - then this is regrettbly not a situtation in which your neighbour would be liable. In order to claim liability on the part of your neighbour it is necessary to establish negligence on the part in some way - e.g. the above example of failing to maintain. If a tree simply falls over due to wind then any damage caused to your land as a result is legally a cost that would fall to you and would presumably be suitable for a claim against your buildings insurance.

Joshua :

There is nothing of course preventing you and your neighbour coming to an arrangement between you where you agree to split costs according to your agreement.

Joshua :

If you can show that the tree would not likely have fallen if it had been properly maintained however then there are grounds to claim negligence on the part of the neighbour and then it is possible to claim damages caused.

Joshua :

Whether or not you can show this you could seek costs from the neighbour for removal of the tree as this material belongs to him if it is growing on his land and he cannot leave it on your property

Customer: The tree is a huge lalandi which now covers the end of my mothers garden so is it their responsibility to move it. No damage has been caused to property of land. She just wants it gone and doesn't see why she should have the responsibility of doing it
Joshua :

As above it is the neighbours responsibility to remove the tree as the tree material belongs to them by virtue of growing on their land. Your mother may consider giving the neighbour sasy 7-10 days to make substantive proposals about moving the same, failing which she will obtain two quotes from contractors to remove the same and look to the neighbour for the cost.

Joshua :

The tree must be returned to the neighbour unless the neighbour provides otherwise as the material is their property.

Joshua :

If necessary a claim can be made in the county court for recovery fo any monies spent on a third party contractor in removing the tree. the simplest way to claims such monies is via the courts online issuing service - www.moneyclaim.gov.uk. Copies of any correspondence as above sent to the neighbour should be retained in the event of further dispute.

Joshua :

Is there anything above I can clarify for you?

Customer: Thank you very much u have made it all a lot clearer
Joshua, Lawyer
Category: Property Law
Satisfied Customers: 25358
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
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