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Original poster

Whose responsibility is it if......

7 replies

Earlybird · 01/07/2006 21:19

......a very large branch from an overhanging neighbour's tree falls into my garden and damages my fence? Should the neighbour pay to repair the fence? Whose job/expense is it to have the branch cut up/removed?

OP posts:
SoupDragon · 01/07/2006 21:20

You could claim from your insurance I think and it would be up to the insurer to recalim the money from the neighbour.

tallulah · 02/07/2006 09:23

Not sure but I'd have said that the owner of the tree would be responsible for the repairs and the removal.

mummydear · 02/07/2006 09:43

On the other hand you have the right to cut any branches etc that overhang onto your property so they may say its down to you ??? Just a thought , we often cut or rather trim branches that overhang our fence.

Anyway your insurance compnay will put you straight or even the local Citizens advice.

Original poster
Earlybird · 02/07/2006 10:34

The tree in question is enormous/old, and overhanging branches are too high for anyone but a professional to trim. Two years ago, I had 3 trees taken down in my garden by tree "surgeons", and did have some of the neighbour's overhanging branches cut (after getting permission from the owner).

But, in order to trim more now, it would entail another expensive bill (around £200), so wondered if it was actually down to me to incur the expense? TBH, I would think he'd want to do something about the tree because it's so huge that his garden has almost no grass. But, he also has huge branches that have fallen off sitting on part of his roof - they've been there for months - and he's never dealt with them. So I suppose hoping he'll be a considerate neighbour is a waste of time.

OP posts:
edam · 02/07/2006 11:39

I think he should pay for the fence. IIRC you have the right to trim the tree but you have to give the stuff taken off back to him. Don't think you have a legal right to get him to pay for cutting branches, sorry. But I'm not a lawyer. Why don't you google it and see what comes up?

mummydear · 02/07/2006 14:46

Too hot outside so have come in for some cooling down.....

Anyway found this website , sorry cannot do links but they have a forum you may find useful

www.gardenlaw.co.uk

Original poster
Earlybird · 03/07/2006 12:20

Thanks for ideas. Who knew there was a website about garden law? Amazing what you can find on the internet!

Anyone else have any thoughts?

OP posts:
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