2006-10-17 22:43:34 · 28 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
That depends on the details:
1) in which country you live, and in some cases even in which city,
2) what caused the tree to fall,
3) the constitution of the tree before the fall
and in some cases even on more. Make yourself familiar with the relevant legal system and the details of the local by-laws.
2006-10-17 23:33:01 · answer #1 · answered by Sean F 4 · 0⤊ 0⤋
Hi anji,
In UK law the neighbour would be responsible for its removal and for any damage caused to your garden. They have an implied duty of care to see that the tree does not damage or encroach up someone elses land.
You may remove the bits on your land but you must return them to your neighbour.
Hope this helps.
2006-10-17 23:05:17 · answer #2 · answered by LYN W 5 · 0⤊ 0⤋
The owner of the tree must remove it when it fell on the land of the neighbor. If the neighbor removes it, he can claim fees for its removal from the owner or use the tree for his benefit. This procedure is provided for in the Property Laws under the Civil Law.
2006-10-17 22:48:46 · answer #3 · answered by FRAGINAL, JTM 7 · 0⤊ 0⤋
It's up to your neighbour as the tree was on their property so belongs to them. If their washing flew over the fence you'd be sure they would come round to get them back!! Even if you cut down part of a tree that is in your neighbours garden but is overhanging into yours, you are only allowed to cut the overhanging bits if you put them back into your neighbours garden as it belongs to them!!. I know this from watching neighbours from hell on tv one day, sad i know but hey, it's come in useful!!
2006-10-17 22:50:36 · answer #4 · answered by claire b 2 · 0⤊ 0⤋
The Neighbour as it is there tree as in it is belonging to them so it is their responsibility
2006-10-17 22:55:56 · answer #5 · answered by Blonde_o2 3 · 0⤊ 0⤋
The neighbour.
2006-10-17 22:51:24 · answer #6 · answered by damari_8 4 · 0⤊ 0⤋
The neighbour i think.
Although i would chop it up and just chuck it back in the neighbours garden and then let them dispose of it!!
2006-10-17 22:47:10 · answer #7 · answered by splandastic 3 · 0⤊ 0⤋
You have every right to put the tree back over their garden, by law they are responsible. You wouldnt let them cut the grass and throw the cuttings over so its no different.
2006-10-17 22:52:25 · answer #8 · answered by Annie M 6 · 0⤊ 0⤋
It belongs to your neighbour and so they should be responsible for removing it and fixing the broken fence
2006-10-17 22:47:32 · answer #9 · answered by Star dust 4 · 0⤊ 0⤋
Hm, that's kind of tough. I'd say it's their responsibility. It's their tree after all. Have a chat to them or your local council. I hope you have nice neighbours.
2006-10-17 22:47:26 · answer #10 · answered by Anonymous · 0⤊ 0⤋