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Hi, My neighbour's trees have been shown, by an arborists report, to have caused subsidence damage to my property. My insurance company will repair and asked him to remove the 8 metre cypruss trees. He has ignored all their letters asking him to remove them but has trimmed them to 4 or 5 metres. I have to pay £1000 excess insurance before they will repair the damage. My question - Can I sue him in the small claims court for the excess cost? The insurance company say he can hide behind forseeability. I'm not sure because I have been writing to him since 2010 asking him to reduce the height. I have copies of the letters and I did tell him in 2012 that the brick work was being damaged. Does that fail the statute of limitations time constraint because it was more than 6 years ago.
Thank you in advance for any help
Thank you in advance for any help
