ChatterBank4 mins ago
Legal
5 Answers
If a tree in your garden falls with the wind into your neighbours garden can the neighbour claim the wood of the fallen tree?
Answers
I'd be grateful that he'd want to take it- it would save me the trouble of moving it and removing it
21:01 Thu 07th Feb 2013
Unless someone here can quote a piece of ancient common law that I've never heard of, I'm confident that your answer is 'No'.
If the tree had remained rooted, but overhanging the neighbour's garden, the neighbour could lop off the overhanging branches but (as they were still the property of the tree-owner) he'd be obliged to return them. I can't see that the situation you describe is any different.
If the tree had remained rooted, but overhanging the neighbour's garden, the neighbour could lop off the overhanging branches but (as they were still the property of the tree-owner) he'd be obliged to return them. I can't see that the situation you describe is any different.
and Yes correctus
The wood shown be lain on their property
and not carelessly thrown
yes you can claim for damage but it is in some damned unknown branch of law called deterioration or devastation - sorry delapidation
and I THINK you have to show negligence
and you are not allowed to automatically cut up the wood sell it and
offset that against the damage claim
This is one of the neighbour dispute claims that people are much better leaving alone
The wood shown be lain on their property
and not carelessly thrown
yes you can claim for damage but it is in some damned unknown branch of law called deterioration or devastation - sorry delapidation
and I THINK you have to show negligence
and you are not allowed to automatically cut up the wood sell it and
offset that against the damage claim
This is one of the neighbour dispute claims that people are much better leaving alone