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  • Legal FAQs

    Problem trees in neighbour's garden

    Hello we live in Devon and recently two heavy boughs from a neighbours tree fell onto some nearby grassland.  Luckily no one was underneath the fall. 

    The tree has been checked by a local firm who specialises in trees and they say the tree, which is at least 100 ft tall, is likely to fall and most probably onto our conservatory and garden or possibly my next door neighbour's garden, if we have some windy weather. i.e. the tree is going rotten.

    I wrote to the neighbour a week ago but so far with no response. 

    Their heavy boughs also severely damaged our garden fence, but again no response.  The local council have shown no interest in handling the matter for us. 

    How can we encourage our neighbour to respond and repair our fence as well as either topping their tree or removing it?

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    I all attempts to communicate with your neighbor has failed including a personal approach i would consider getting a solicitor involved

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    [Image: New-logo2.png] Manchester based investor. I buy, sell, renovate and rent investment property in East/North Manchester Wink email: mike@brentwoodinvestments.co.uk Call: 0161 681 3724

     It is holiday season, so maybe your neighbour is away?

    Have you got a written report and quote for dealing with the tree?  If so, I would pop round to your neighbours in person and ask if you can discuss it with them and perhaps offer to go halves with them on the cost of stabilising the situation.

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    Agreed, the council can act, but will be reluctant and the moment you get the lawyers in you are in for potentially a costly ride.

    A little old lady in our village had the problem with a not very largel neighbours tree on an unstable bank. She landed up with a bill for some 20k plus, for nothing!



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    If you think you have a good case try the small claims court
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    I would look into see if there is any insurance cover already within your current policy or possibly buy an add on. 

    This is to cover the worse case scenario where you don't get it resolved quickly with the neighbours. At least you insurance covers off the damage you may incur. Maybe have legal cover included so you can sue the neighbour if they fail to work with you on addressing the issue amicably
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    Saagar

    Disclaimer: I have no legal expertise nor am I a qualified advisor on any subject. A humble landlord using an open forum to exchange ideas and experiences. 


    Agreed and today's cost of removing a 100 foot high tree will be several thousand pounds.

    IIRC neighbour is not responsible for damage to fencing by trees.


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