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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10646
Experience:  30 years as a practising solicitor.
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Six mature pine trees which are on the edge of my land were

Resolved Question:

Six mature pine trees which are on the edge of my land were blown over in the winter storms, and now lie partly on my property and partly on an unused field which belongs to my neighbour. The perimeter ditches of the unused field have not been maintained by my neighbour, and the run-off from the field has made the area around my pine wood very wet, which I believe is the reason these particular trees were uprooted. Two questions. 1. Am I obliged to remove these fallen trees from the neighbour's field at my cost, or is there any basis on which they can be left for nature to rot them away ? 2. Does my neighbour have any responsibility to maintain ditches and to prevent significant water run off onto my garden? Thanks
Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thank you for your question.

1. You are obliged to remove the trees.

2. He is under an obligation to take reasonable care of his property so as to prevent damage to yours. He is also bound to observe any title conditions contained within the title deeds for the property.

I hope this helps. Please leave a positive response so that I am credited for my time.
Customer: replied 2 years ago.

Dear JGM


 


thanks for this clarity


 


After removing the trees, am I obliged to make good the wire stock fencing, which under the title deeds is 100% the neighbour responsibility, since my side is garden & his side is agricultural (cows) although unoccupied for many years. I wondered if the falling of the trees was a "act of god" or something that had nothing to do with negligence on my part.


 


 

Expert:  JGM replied 2 years ago.
No, I don't agree. Your trees have caused damage to his property and he would be entitled to insist that you reinstate his property unless you can establish that it was in fact his fault that they fell down.
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10646
Experience: 30 years as a practising solicitor.
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