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neighbours tree damaged our fence

During the night of 22-23 Dec a dead tree in the corner of the property next to ours came down and brought down both ours and their rear fence. At the time of the incident the property was in the process of being sold as the owner had died in July. I initially contacted the estate agents and sent them pictures of the damage. They sent these on to the solicitors handling the sale who have as yet failed to respond. Could any body advise who is responsible for property insurance during the selling period.

Comments

  • Pont
    Pont Posts: 1,459 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    My understanding is that until contracts have exchanged, the property belongs to the seller and all insurances are their responsibility. This may help:-

    http://www.graham-edwards.co.uk/docs/latest_news/EFklpEEuFEHGUcVdmA.shtml
  • onlyroz
    onlyroz Posts: 17,661 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    My understanding is that you need to claim for damage to your own property on your own insurance.
  • jjlandlord
    jjlandlord Posts: 5,099 Forumite
    Insurances rarely cover fences, as I understand it.
    In addition, here it is an "act of God" with no-one being liable unless you can prove negligence (ie dangerous tree).

    I think you would need to send a letter to executor and claim that they are liable because <insert reason, e.g. tree was dangerous, with evidence>. Then see what happens.

    I expect that fence damage is not very costly to fix. So if they do not accept liability you will have to balance the effort and expense of going after them without being certain of outcome with likely smallish amount of money at stake.
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