DAMAGES DISPUTE: 4-story tree from neighbours plot destroys several neighbours fences

[CBT]

Hi all,

A tree fell from a neighbour's garden across mine and another neighbour's and destroyed several fences, luckily no one was injured.
The tree which fell during storm Eunice has yet to be cleared and the neighbour whose garden the tree was rooted in denies responsibility.

The neighbour whose garden the tree was rooted in, claims that his deeds do not include the land where the tree was, despite his fence and garden boundary including the tree for the past 20+years.
The neighbour he disputes the tree boundary with is unresponsive and was unaffected by the falling tree.

Regardless of the deeds given the tree was rooted in his garden for the past 20 years, does he have a responsibility to remove the tree and make good the damages?
The tree appeared to be dead for some time and nothing was done about it, all he did was prop a very tall ladder against it for several years.

Please could you provide any advice on the course of action to take, it would be very much appreciated.


Many Thanks

CBT

[Sam101]

I would think that it certainly is his responsibility. Also he was fully aware that the tree was dangerous as he took steps to support it with the ladder He should not be too concerned though as his household insurance should cover the cost of removal and fence replacement. Would add to your claim if you have a photo before it fell with the ladder up, but do take photos of the damage before claiming. Your own insurance company would likely take action against him. have a look at your policy and possibly a chat with them on the phone.

[des8]

Have you checked the deeds to ascertain who actually owns the land?

Regardless of ownership the occupier of the land is most likely responsible,( as Sam101 ) per Occupiers Liability Act 1957

[des8]

On reflection my advice is probably incorrect as the Act referred to is concerned with liability to visitors of the property.

This means that the person who may be liable is the landowner, but you might need to show he has been negligent in not dealing with a tree which was obviously in a dangerous condition.