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UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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Guernsey law. Recent storms brought down a tree on our property

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Guernsey law.
Recent storms brought down a tree on our property which damaged a neighbour' s fence. We were away at the time and didn't see the damage but arranged for a tree surgeon to take the tree away and make sure any other trees in the area were safe.
The neighbour replaced the fence and either she or her insurance company is now asking for compensation.
What's the legal situation? Are we obliged to pay any or all of the cost of the new fence - we have no idea what this cost will be, only know that it's a biggish garden. And, legally speaking, do we pay for the damaged bit or for the whole fence? Or nothing at all unless we decide to? The tree was not 'loose' but the storms were unexpectedly heavy.
I'd appreciate your opinion on this.
M Goodyear.

You are not responsible for damage caused by the tree falling down as this was caused by an Act of God and was not within your control and neither was it foreseeable that this would happen.

You are not legally obliged to pay anything and should reply to your neighbour accordingly citing the Act of God defence.

Hope this helps

Customer: replied 3 years ago.

Thank you for your reply. Are you sure that this is Guernsey Law which I know in many ways is different from English?

This is common law and would apply to Guernsey as well. You may double check this with someone in Guernsey e.g. insurer.
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