Over hanging branches

Over hanging branches

Postby Dave Hewitt » Thu Mar 03, 2005 2:53 pm

I have a lovely and very productive old wall nut tree (complete with TPO) in my front garden (a town house) which my next door neighbour (a company of solicitors) allege has caused damage to their roof. They claim that I am liable for the cost of the repair which they have already carried out. At the time this was first brought to my attention I disputed that the tree could have caused the damge they claim, but did nevertheless have the tree professionaly trimmed by a local expert. I do not know what to do next. Any advice would be very welcome. Thanks very much. :?
Dave Hewitt
 
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Postby Guest » Thu Mar 03, 2005 5:01 pm

They can allege all they want but they have to prove that the damage has been caused by the tree

This means experts and DNA tests etc on the roots

Contact your bulidings insurance company and send them the letters etc from the solicitors they will handle matters
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Postby Alan Harris » Thu Mar 03, 2005 10:54 pm

Dear Dave

Your neighbouring solicitor should realise that when the damage first occurred they should have notified you and collected all of the relevant evidence including samples and photographs so that the authenticity of such evidence is not in doubt.

Sounds to me as if they are simply trying to bully you!

Just because the rof was damaged adjacent to your tree is not clear cut evidence. On the other hand if the nature of the damage can only be explained by the proximity of their tree and the nature of the damage they may be able to get an expert to justify blaming your tree. Take a cool clear look at the damage area and the various causes which could explain the damage. If your fair conclusion blames your tree then that might be enough.

Yours sincerely


Alan Harris
Alan is a consulting engineer specialising in subsidence, tree roots, soils and party wall surveying.
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Over Hanging Branches.

Postby Dave Hewitt » Sat Mar 05, 2005 12:13 pm

Alan, Thank you very much for your advice. To the best of my knowledge there never has been any evidence that my tree could have caused the damage and there was certainly never any contact or photographs.

We will write back and see what hapens next.

Thanks once again.

Dave H.
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