An absent neighbour land owner who allowed his Leylandii boundary hedging to reach 6m in height when the hedge caught fire facilitated a fire which spread to a neighbour and burnt down a £50k summerhouse. We are unable to find a solicitor to take the case. Any ideas?
£50k fire damage by ooc Leylandii
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Presumably the owner failed to advise his household insurer about the summerhouse?
Normally, as long as the insurer is made aware of its existence, a summerhouse would be covered as a domestic outbuilding.
The summer house owner will need to show that the owner of the hedge has been negligent, and that negligence (failure to maintain the trees) either caused the fire or allowed it to spread.
The first action is to write to the hedge owner, explain the circumstances and tell him he is being held liable and should either inform his liability insurers or indicate how he will reimburse the summerhouse owner
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Surely you have claimed on your insurance.
I have to say that I am struggling to see the basis of a claim on the information given so far. It is possible that further details may lead me to change that view.Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.
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The owner of the hedging denies liability so a fire expert will be commissioned to analyse videos and photos remotely to offer an expert assessment of the fire seat and etymology. Sadly the summerhouse was uninsured.Originally posted by des8 View PostPresumably the owner failed to advise his household insurer about the summerhouse?
Normally, as long as the insurer is made aware of its existence, a summerhouse would be covered as a domestic outbuilding.
The summer house owner will need to show that the owner of the hedge has been negligent, and that negligence (failure to maintain the trees) either caused the fire or allowed it to spread.
The first action is to write to the hedge owner, explain the circumstances and tell him he is being held liable and should either inform his liability insurers or indicate how he will reimburse the summerhouse owner
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An expert suggesting the 'Leylandii boundary hedging' was a factor in the fire spreading is one thing but proving the neighbour was negligent is something else entirely!Originally posted by Mikezoeclem View PostThe owner of the hedging denies liability so a fire expert will be commissioned to analyse videos and photos remotely to offer an expert assessment of the fire seat and etymology. Sadly the summerhouse was uninsured.
What caused the fire to start in the first place? Had the neighbour previously been warned that their hedge was a fire hazard?
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Correct. The owner had been warned about the Leylandii and had cut the eastern tow down 12 months b4. It’s hoped the video evidence will confirm the seat though not the instigator.Originally posted by HariSeldon View Post
An expert suggesting the 'Leylandii boundary hedging' was a factor in the fire spreading is one thing but proving the neighbour was negligent is something else entirely!
What caused the fire to start in the first place? Had the neighbour previously been warned that their hedge was a fire hazard?
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