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Remus2004, Barrister
Category: Property Law
Satisfied Customers: 71140
Experience:  Over 5 years in practice.
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Damage from the storm on the 23/12/13 resulted in a huge conifer

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Damage from the storm on the 23/12/13 resulted in a huge conifer collapsing in my next door neighbours own garden resulting in taking up 50% of a patio laid last summer in my garden plus two fence panels. other damage done was to take down several fence panels and a patio slabs in a house and garden that backs on to our respective properties. I have written two letters to him after each month since, his wife has come to discuss the problem once in that time, whilst we have had no response at all from the male occupant. my reason for writing is so I have written evidence of my input to this on going situation. please advise on legal stance. thankyou
Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

What would you like to know about this please?
Customer: replied 4 years ago.

the tree has been broken up and taken the remaining debris lays scattered [I have tidied our side] I still don't know if he accepts responsibility for the repairs, because they have no secure lock on there side gate access to all is gardens is open therefore security is an issue. weather conditions have eased am I unreasonable to expect some repairs, we don't know if he expects us to be paying for repairs, my final comment on last correspondence was please advise

Yes, I've read the facts. What is your question about this?

Customer: replied 4 years ago.

can he be legally pressed to covering the cost and also repairing by a set time

Was this is a diseased or damaged tree?

Were trees blowing down all over the place at this location?
Customer: replied 4 years ago.

not damaged, only one tree in the garden

Do you believe it was solely caused by the severity of the wind?
Customer: replied 4 years ago.

wind and rain,

Thanks for the information.

If that is right then its bad news. Its probably a mixed bag of news overall.

If this was solely caused by wind and rain then this is an act of God and he is not liable for acts of God. Unfortunately your house insurance would probably exclude liability as well.

That said, its quite unlikely that this was caused solely by wind and rain. Trees of that stature do not just blow down unless they are diseased or damaged or otherwise badly maintained. If so, then at least part of the cause is his negligence and he is liable for that. You need to get to the bottom of that though as that will be essential here.

If this was the only tree that blew down that would tend to suggest there were problems with it. If there were trees blowing down all over the place then that is different.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please let me know if you need more information.
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