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Sheps | 13:29 Mon 31st Jul 2006 | How it Works
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A neighbour's tree has fallen into my garden and caused damage to my fence it is so big it is now lying across my back garden and over 3 other neighbour's gardens what can we do? Have tried speaking to home owner but without success.
  
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Claim on your insurance and leave it to the insurance company to sue the neighbour.
what dzug said makes sense.
Your neighbour surely agreed that his tree had fallen on your fence ? Or did he say "No Comment".
Get your camera out, speak to your insurer about legal expense cover and sue.
get out your chainsaw and start carving up that free firewood, get your neighbours to help and split up the wood equally. turn a negative into a positive, sueing your neighbour is hardly being neighbourly now is it, it's not as if he went out in the night and pushed the tree over on purpose, sh1t happens, cheers!
Maxximus, was it YOUR tree then......?
It is a nuisance, and under the legality of "self help" you are entitled to remove it (or have someone remove it) at the tree owners expense. Give the owner 3 days written notice, take photographs and obtain witness statements (one or two by Stat Dec if possible) remove the tree and place the arisings somewhere for the owner to collect (important), in the written notice say how much the daily storage of the arisings will be, send the owner the bill with 14 days to pay, if not paid bung it in the Small Claims section of the local court.
not sure i get your meaning there postdog! i'm just saying things happen and as i have had the same neighbours for years and we help each other out whenever necessary, keep an eye on each others property when we are away, the idea of sueing one of them over something like this would be proposterous, roll up your sleeves and deal with it, or spend the rest of your days, glaring at each other in passing as that is where a long silly law suit will no doubt lead. as i have already said 'hardly neighbourly' and on a personal note, i am glad i have the helpful neighbours i have and not some of the more legal beaver types without pointing any fingers. cheers again eh!

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