2007-01-22 21:37:02 · 41 answers · asked by carol g 1 in Home & Garden ➔ Maintenance & Repairs
Your neighbour is responsible as the root of the tree was in their garden and they are responsible for the maintenance of it to ensure that it doesn't impinge on your view/garden etc.
2007-01-22 21:43:18 · answer #1 · answered by Anonymous · 0⤊ 0⤋
The legal position, I think, is the owner of the tree. But as my neighbour has been finding out, it is not always easy to get the owner to take responsibility. If, unfortunately, your neighbour (who owns the tree) is not properly insured, you may need to take him/her to court. The owner of the tree that caused my neighbour damage has placed the matter in the hands of a solicitor rather than her insurer. It looks as if she want to fight the matter rather than sort it out with her insurance. All this despite the fact that she has been warned that her tree was too big in a small garden and could casue damage to other people's properties. Sound very unreasonable, but then you do get people like that.
Best thing is to get in touch with your own insurance if you have legal protection. Get them to sort it out if your neighbour is giving you grief.
2007-01-22 21:50:14 · answer #2 · answered by Anonymous · 1⤊ 0⤋
The neighbour is responsible. And if there is any damage on your side caused by the tree it is also the neighbours responsibility to either fix or replace the damaged things.
2007-01-22 21:44:31 · answer #3 · answered by Anonymous · 2⤊ 0⤋
We had a tree uproot at the weekend, which then leant over our neighbour's garage/greenhouse so it was up to us to remove it before any damage occured. It did cost quite a bit, but because the roots were entirely on our property, it was our responsibility to get the tree made safe and removed. You should speak to your neighbour and see if they can secure or remove the tree.
2007-01-23 06:58:43 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Did this happen a result of the recent storms? if so contact your insurance company in conjunction with your neighbour, where the tree will be removed and damage rectified.
If the tree fell of its own volition, then you can clear the waste on your side of the boundary, but you must offer all waste back to your neighbour.
Please be aware that some trees are subject to preservation orders and its loss may have to be reported to your local council.
2007-01-23 05:45:36 · answer #5 · answered by rookethorne 6 · 0⤊ 0⤋
This actually happened to my mother, a tree from her neighbour's garden fell into her garden, as I found out from the local council according to an old bye-law of the town that it was my mothers responsibility to have it removed, however if the neighbour wanted it for firewood he would have to buy it back from her. If I were you I would check with your local council re local bye-laws as these can change from locality to locality.
2007-01-23 09:54:28 · answer #6 · answered by Anonymous · 0⤊ 0⤋
The owner of the tree-your neighbour
2007-01-23 07:41:31 · answer #7 · answered by Daisy Roots 5 · 0⤊ 0⤋
Your neighbour is responsible for their tree falling in your garden and any damage caused by it. They should be able to clim on their house insurance for this. They are also liable to have the tree removed from your garden.
2007-01-23 05:57:02 · answer #8 · answered by Anonymous · 0⤊ 0⤋
Your neighbour should be, but some deeds have other technicalities, such as the fence on the right of your property is your responsibility and the one on the left is your neighbours. Best advice is to check the deeds to your house, ask your neighbour in a kind and considerate way
2007-01-23 04:30:31 · answer #9 · answered by mr ski man 3 · 0⤊ 1⤋
The neighbour is. You can cut it up but must return it to them as their property. If you hire a tree surgeon you can charge them. The best way is to do it through your insurance, thats what you pay them for, they will reclaim all costs from your neighbour and also repair any damage to fences etc.
2007-01-23 03:38:49 · answer #10 · answered by Tallboy 4 · 0⤊ 0⤋