How would u deal with this - time for legal cover?

charlamine

I posted on here a week back about a situation where over the storms a tree just behind my property boundary went down pulling the land from under shed, which I am currently resolving withe the council and my insurance company. (As the land behind is council owned)

This council owned land is sloped down from our property to the garden of the property below us

The tree is still laying on the council owned bank but overhanging the garden below us, the neighbours contacted us 2 months ago saying that our tree and part of our concrete wall has damaged there property and they were concerned about our shed as it was tittering.

We informed them that the tree was not ours was council owned, that we had no concrete wall on the boundaries we were responsible for and we were liaising with our insurance company about the shed but had emptied and secured it in the interim period.

My husband looked at the damage whilst there and saw that the concrete wall looks to have fallen from the boundary maintained by our neighbour who we know has a wall on the other side of there property and likely had it along the back, although we didn't say that just that the wall did not come from our boundary, we advised them that they should contact the council about the tree and there house insurance about the damage, as these were the steps we had taken for the damage to our property.

They today have served a letter to us saying that we have failed to resolve the damage caused to there property caused by our wall and our tree and therefore they will be starting court action against us, and also that as they have grandchildren if the tree subsequently falls and causes injury we are also liable.

My husband went down there to speak to them and reiterated it was not our tree or wall, we have also taken the land registry thing round which shows that we are not responsible for the land behind and that there garden is also overlooked by our neighbours boundary, we are responsible for maintaining the back boundary which consisted of our shed and a fence panel no walls,

Now I want to write a letter in response to there's which is full of inaccuracies setting out the situation as we know it and what we are doing. But not sure if this is the best thing to do, and whether it is best to seek legal advice and get a more official letter sent?

They have confirmed they have not contacted the council or there insurance company. I am of the belief that if they did som the council would move the tree, and there insurance company will rectify any damage as they are doing to our property (shed) but they seem to be dragging this into some big complicated issue causing me a lot of stress!!

Grateful for any advice!

TSx

Speak to your household insurers (contents) who will insure your liability as occupier of the premises. They will then respond on your behalf.

chanz4

let them, counter claim for costs etc from them. Then point out the landregistry doc to the judge

geri1965_2

TSx wrote: »

Speak to your household insurers (contents) who will insure your liability as occupier of the premises. They will then respond on your behalf.

OP, this is the correct advice. Just send your insurers the letter and let them deal with it.