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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My neighbour cut the roots of my tree to put up their fence

Resolved Question:

my neighbour cut the roots of my tree to put up their fence and not the tree has fallen. who is responsible for damage caused
Submitted: 1 year ago.
Category: Property Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.How much is the damage caused please do you estimate?Alex
Customer: replied 1 year ago.
the tree has damaged fences and garden shed and furniture in three properties. Three years age I asked the neighbour who cut my roots they told me it was the council, I don't know if they were mistaken or lying to me.
Expert:  Ash replied 1 year ago.
Ok - this is technically criminal damage because your tree was damaged and fallen.As such had it not been for them damaging the roots then the fall would not have happened.Therefore your neighbour is responsible.Its called the 'but for' test. So no roots cut - no falls. Therefore neighbour is liable.Can I clarify anything for you about this today please?Alex
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