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Jamie-Law
Jamie-Law, Solicitor
Category: Property Law
Satisfied Customers: 4035
Experience:  Solicitor
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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: 10 months ago.
Category: Property Law
Expert:  Jamie-Law replied 10 months ago.

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

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

Customer: replied 10 months 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 10 months 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 10 months 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 10 months ago.

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

Does that clarify?

Customer: replied 10 months ago.
I understand and will see how the case progresses
Expert:  Jamie-Law replied 10 months 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 10 months ago.
Jamie helped clarify my problem
Expert:  Jamie-Law replied 10 months ago.

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

Customer: replied 10 months ago.
I will place a star, just waiting to see what happens with claim.
Expert:  Jamie-Law replied 10 months ago.

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

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