How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Jamie-Law Your Own Question
Jamie-Law
Jamie-Law, Solicitor
Category: Property Law
Satisfied Customers: 5563
Experience:  Solicitor
96104960
Type Your Property Law Question Here...
Jamie-Law is online now

I have a tree at the bottom of my garden, which is on the

Customer Question

Hi,
I have a tree at the bottom of my garden, which is on the boundary. Half in my property and half in the councils land.
The tree is a willow and started to rest on a neighbours garage, causing garage roof damage.
I was not aware this was a problem, until, I saw recently.
I contacted the council to inform them about the possible damage, but did not reply to my email.
I paid for a tree surgeon to cut of the branch causing damage.
The neighbour who owns the garage, is now claiming I have to pay for damage to their garage.
I still feel the tree is partly on council land.
Am I liable to pay for damage to their garage.
Thanks. Neil Cooksley
Submitted: 1 year ago.
Category: Property Law
Expert:  Jamie-Law replied 1 year ago.

Hello Neil my name is ***** ***** I will help you with this.

Have you written to the council, rather then emailed please?

Customer: replied 1 year ago.
I have not written to the council, as I am not in the country, but the interested party has. They say the tree is in my land, even though my fence crosses my fence and at least 2 thirds is in the councils land.
I wish to know wether I am liable to pay for the damage, if it is proved the tree is in my land.
My insurance will pay, but there is a £250 excess.
Expert:  Jamie-Law replied 1 year ago.

You should write to the Chief Officer's office at the Council and make a formal written complaint.

That department will investigate the matter and report back to you.

If the tree is across the border then it is jointly owned by the Council.

If the Council do not do anything then you can complain to the Local Government Ombudsman

They offer a free, independent service at: www.lgo.org.uk

That should resolve the matter

Can I clarify anything for you about this today please?

Customer: replied 1 year ago.
Ok, I understand about the council. How do I stand on the tree claim ? If the tree is found to be mine, then Is it my liability to pay for the damage ? Or is it classed as an act of God etc. ? Thanks
Expert:  Jamie-Law replied 1 year ago.

If it is yours then yes, you should be able to claim on your insurance.

Does that clarify?

Customer: replied 1 year ago.
I understand and will see how the case progresses
Expert:  Jamie-Law replied 1 year ago.

If I could ask you to rate my answer before you go today, otherwise the site does not pay me for the time spent with you today. Thank you in advance and good luck!

Customer: replied 1 year ago.
Jamie helped clarify my problem
Expert:  Jamie-Law replied 1 year ago.

Thanks, ***** ***** you could click the happy faces or stars please! Thanks

Customer: replied 1 year ago.
I will place a star, just waiting to see what happens with claim.
Expert:  Jamie-Law replied 1 year ago.

Ok. But even if you rate the question does not close.