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Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Law
Satisfied Customers: 2234
Experience:  Dual qualified Solicitor and Attorney
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The neighbor of my property had some leylandii trees growing

Customer Question

Hi. The neighbor of my property had some leylandii trees growing in their garden, the roots of which have caused damage to our patio. They have felled the trees, but are refusing to pay for the cost of repairing the patio (it needs to be taken up, the roots ground and the patio relaid) since it is not covered by his insurance. It is also no covered by mine. ... I'd like some advice regarding whether I can make a legal claim against him. Specifically, what the legal process would involve, whether I'm likely to be successful and the potential costs.
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: Hi. No legal steps taken.
JA: Where is the property located?
Customer: Enfield
JA: Anything else you want the lawyer to know before I connect you?
Customer: I don't think so thanks
Submitted: 2 months ago.
Category: Law
Expert:  Jeremy Aldermartin replied 2 months ago.
Hi thank you for your message, you can claim against him for any damage to your property caused by his trees. To do this you should obtain 3 quotes for the work and then use the average of these to estimate the cost of the work. You can then send them a letter before action to demand payment of the money for repair within 14 days and say that if they do not pay you, you will issue county court proceedings against them.
You will need to register at http://www.moneyclaim.gov.uk so that you are ready to issue the claim in the event they dispute the claim and do not pay you. The website is very user-friendly and you would not need a lawyer to use the money claim site. Claims with a value of under £10,000 are classed as a "small claim", so legal costs are not recoverable and the matter may be dealt with on paper by a Judge, not at a hearing. You would claim the sum for the repair costs, the court issue fee (details of fees are here at page 5: http://www.gov.uk/make-court-claim-for-money/court-fees) and court interest which is 8% on a daily rate. The Cory issue fee in your case is likely to be a couple of hundred pounds. If you win then once you have the CCJ from the court the defendant has 14 days to pay in full. If they do not then it gets registered with the credit agencies after 30 days. You can also enforce the CCJ with the county court bailiffs or transfer the debt to the High Court for a small additional fee assuming the total amount owed is at least £600 and you can use the high court enforcement officers who have greater powers than county court bailiffs. The transfer fee is added on to the debt and payable by the defendant. I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.