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Alex J.
Alex J., Solicitor
Category: Property Law
Satisfied Customers: 3695
Experience:  Two years conveyancing experience.
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A branch of a tree I have in my garden wholly overhangs a neighbours

Resolved Question:

A branch of a tree I have in my garden wholly overhangs a neighbours property. If this came down and damaged his property who would be liable for the damage.
Submitted: 1 year ago.
Category: Property Law
Expert:  Alex J. replied 1 year ago.
Hi, Thank you for your question and welcome. My name is ***** ***** I will assist you. As the tree is hanging on to your property it is a private nuisance, if they own the tree and it damages your property because they have not maintained it then they will be liable for the damage. Alternatively you can cut back a branch that encroaches your property but only to the extent that it is on your property. Kind regards AJ
Customer: replied 1 year ago.
Actually it's the other way round - the tree is in my garden and the branch, which he had cut back, is totally in his garden. He made a poor job of it and rot has set in .
Expert:  Alex J. replied 1 year ago.
Hi, Thank you. He has an obligation to mitigate the damage, so if his negligence is a cause of the damage then that will be a mitigating factor in any defence you have against having to pay if it goes to court. Kind regards AJ
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