tree fell into garden

sadlybroke

hello
my sisterlaw lives in council flat and a tree has fell into her back garden from a neighbour back garden the neighbour in question is not interested in removing it or willing to do it)in anyway and council are saying not there problem what can she do as she has limted funds herself and feels why should she as it,s already damaged her fence and tree does,nt belong to her anyway

A_Clock

Set it on fire, if it burns next door garden, just say its their problem for not removing it in the first place

Zazen999

I'd advertise it on freecycle, free wood - buyer has to remove and it's still in the shape of a tree.

We had an apple tree that had to be felled on a friday evening in last year's storms; advertised it on freecycle and someone who only burns wood came and took all the huge bits - any left we used ourselves for burning or for canes for the garden.

Larumbelle

Being sensible for a moment...

In the eyes of the law, the tree belongs to the neighbour and they are liable for the damage it has caused. If they have insurance, this may pay out to you. However, the insurer may not cover the damage, or they may claim it is an 'act of god' (if it was inspected recently and considered to be an otherwise healthy tree - but they will need documentary evidence that it was inspected) or the neighbour may have no insurance.

However, the best bet is your sister's own insurance. They should cover the cost of removal and repair, and if necessary, they are the ones who should negotiate with the neighbour's insurer.

If your sister has no insurance, she is in a tricky situation. She needs to write a letter and send it special delivery. She should outline the facts and keep personal opinion out of it - something along the lines of

Letter before action

Dear xxxxxx

On xxxxxx your tree xxxxxx fell, landing in my property and demaging my fence in the process. I request that either you:

1) take all reasonable steps either to repair the damage caused, remove and dispose of the said tree, and ensure that any other trees are in a safe and healthy state, or to pay for an appropriate professional to carry out these steps or
2) to agree to meet my reasonable costs to do same.

If you fail to take such action or to respond to this letter within 14 days of receipt, I shall be forced to launch civil action against yourself, requesting that you meet my full costs in respect of removing the felled tree, repairing the damage that it caused, and inspecting for safety any remaining trees in your garden. I shall also request that I be awarded court costs and reasonable costs for my time in persuing this claim.

Yours...

If they don't respond, she will have to either take the matter to small claims court (cost of this will depend on how much money she is asking for), freecycle the wood as Zazen suggests, or foot the bill herself, I'm afraid.

Some useful info here if you look through the forums:

http://www.gardenlaw.co.uk/phpBB2/viewforum.php?f=2

lindseykim13

wouldn't the insurance be buildings insurance though? if shes in a council place then the building insurance is bought by the council.