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Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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A tree of over 30ft on the boundary of my neighbours' garden

Customer Question

A tree of over 30ft on the boundary of my neighbours' garden has been damaged in recent strong winds. It has a branch that has cracked and , though still attached to the trunk, has fallen onto my property.The overhanging branch has fallen onto the trees on my boundary fence and onto my garden. The neighbour rents the property from a Housing Association who say that this is for the tenant to sort out, As the trees are leylandii and were over 30ft high before the tenants moved in, are the Housing Association legally responsible?
Had anyone been beneath this branch when it fell they could have been seriously injured or killed. As it is it is still a potential hazard as it is long and wide and heavy.
Submitted: 2 years ago.
Category: Property Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
It really depends what is in the tenancy agreement. Usually a tenancy agreement the Housing Association are responsible for the garden and any structure and a tenant is usually only liable for the contents.
I would get a survey done and ask that the recommendations are carried out. If the tenant and the association refuses I would then issue proceedings against both the tenant and the association. The Court can then decide who is liable.
Can I clarify anything for you about this today please?
Expert:  Ash replied 2 years ago.
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