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, Solicitor
Category: Property Law
Satisfied Customers: 3216
Experience:  Solicitor
Type Your Property Law Question Here...
Jamie-Law is online now

A tree was cut down in my garden by a gardener

Customer Question

A tree was cut down in my garden by a gardener sub-contracted by the landlord who owns the neighbouring property. The tree is on my property, but was overhanging to the neighbouring property. Instead of only cutting the overhang to the boundary, the gardener cut the majority of the tree down at the trunk, leaving a only stump. I wrote to the landlord with a estimate for planting of a specimen, but he has advised that the mistake was the gardener's. Can I force the issue of the landlord providing the name and address of the gardener?
Submitted: 8 months ago.
Category: Property Law
Expert:  Jamie-Law replied 8 months ago.

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

Whose instruction was it on please?

Customer: replied 8 months ago.
On the instruction of the landlord, with the instructions, as I understand, to trim the overhang on his side of the boundary.
Customer: replied 8 months ago.
I should mention that the landlord owns many properties in the area, and it is possible that the gardener's error stemmed from the belief that my property was also owned by the landlord, and he may have thought that he was justified in doing so.
Expert:  Jamie-Law replied 8 months ago.

It would be the Landlord would would be responsible not the contractor.

But if you want to take action against the contractor then you need to write and ask the Landlord for details within 14 days or say if he refuses you will seek an Order for disclosure.

If he still refuses then you make an application to Court using form N244:

There is a Court fee to pay unless you are entitled to fee remission.

The court will then list the matter for hearing and decide whether to make the Landlord give you the details.

Can I clarify anything for you about this today please?

Customer: replied 8 months ago.
Thank you for this. Just to confirm, even though the landlord instructed the contractor to work on the landlord's property, and the contractor took it upon himself to go beyond those instructions, it is still in principle be the landlord's liability for the contractor's mistake?
Expert:  Jamie-Law replied 8 months ago.

Ah I see. No, the Contractor is liable if went beyond agreed instructions

Does that clarify?

Customer: replied 8 months ago.
Thank you Jamie- that does clarify. Kind regards.
Expert:  Jamie-Law replied 8 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!

Expert:  Jamie-Law replied 7 months ago.

If this answers your question could I invite you rate my answer 3, 4 or 5 starts before you leave today.

I am only paid for my work on this question if you rate my answer, using the star system at the top of the screen. Please do not forget! Thank you.

Please bookmark my profile if you wish for future help.

What Customers are Saying:

  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther

Meet The Experts:

  • Remus2004



    Satisfied Customers:

    Over 5 years in practice.
< Previous | Next >
  • Remus2004's Avatar



    Satisfied Customers:

    Over 5 years in practice.
  • Thomas's Avatar



    Satisfied Customers:

    UK solicitor holding an England and Wales practising Certificate.
  • Kasare's Avatar



    Satisfied Customers:

    Solicitor, 10 yrs plus experience in civil litigation, employment and family law.
  • Joshua's Avatar



    Satisfied Customers:

    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • Lawyer/2013-10-8_19517_JAPROFILEPICTURE.64x64.jpg Aston Lawyer's Avatar

    Aston Lawyer


    Satisfied Customers:

    LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
  • chatham-chamber's Avatar



    Satisfied Customers:

    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • Clare's Avatar



    Satisfied Customers:

    I have been a solicitor in High Street Practise since 1985 with a wide general experience.

Related Property Law Questions