Liabilities/responsibility for trees on your property - neighbour damage

eddddy

Tygermoth wrote: »

I do have legal cover with my home insurance and was thinking about giving them a quick ring.

In general, it's best not to phone your insurers unless there is a real prospect of you making a claim.

It will probably be recorded as an 'incident' on your policy.

If you get to talk to a legal advisor, it may even be recorded as a claim (the cost of the legal advisor's time).

Either of the above might result in increased premiums.

Miss_Samantha

societys_child wrote: »

Even then it would need to proved that you were aware of any problems and had neglected to take any remedial action.

Yes, but you are supposed to regularly inspect to be made aware. In my example of a rotten tree you could not successfully claim that you were not liable because you were not aware.

So for any issue that as developed over time on a tree in the (relatively small) garden of your home that defence would not work.

martinsurrey

Tygermoth wrote: »

Thanks everyone. I thought I would check before dropping the note in


(ps - they felt as they couldn't do 'casual maintenance' of the guttering as it is, in effect, in our garden, and they have no access - they seemed to think this somehow fell to us - I was very firm that this was NOT the case)


As FTB I think they thought we were green as the grass lolololol

one point to note,

If the wall of their house is on the boundary is their gutter overhanging your property? seems like a little bit of trespass if you ask me!

Perhaps reply to their letter asking them to remove the guttering onto their property, should get them thinking.

rtho782

My christ.

If someone tried that on me my first instinct would be to confirm he has no legal right to access my garden, then say he can either pay me £5,000 a day for access or hire a massive cherry picker for access if he ever wants to fix it.

Everyone wants to blame others for their own stuff these days. If my exhaust is hanging off and then falls off, can I sue anyone who happened to drive behind me for not letting me know?!

m0bov

Just pop a note back informing them you will only respond to legal representatives and any further direct communication would be taken as harassment and dealt with accordingly. You need to knock this one on the head.

spadoosh

Thats quite funny.

I would reply with "no you shouldve bought gutter guards and you should inspect your own property".

I suppose nothing ventured nothing gained but someone would have to be pretty naive to accept liability.

m0bov

Offer to install gutter guards for him and sign him up on a contract to watch his guttering twice weekly for leaks? £500 for gutters, £30 per week for gutter check.

Tygermoth

martinsurrey wrote: »

one point to note,

If the wall of their house is on the boundary is their gutter overhanging your property? seems like a little bit of trespass if you ask me!

Perhaps reply to their letter asking them to remove the guttering onto their property, should get them thinking.

I think the gardens are quite poorly laid out. We had a gas engineer come out who was horrified to realise that the neighbours exit flue was on the wall that this guttering is on. so plumes of steam flow across our garden (and next doors) He also was muttering about trespass/nuisance and it should never have been allowed - the houses are fairly new build. (ps this doesn't bother us we were just surprised)


The guttering does overhang our garden as their side wall is our back wall, the downpipe is also in our garden going into our drain.

elsien

You could enquire whether they'd prefer you to glue the leaves onto the trees to prevent further leaf fall issues.

m0bov

If the guttering and flue is over the boundary then I would ask for it to be removed ASAP. You dont want workman arriving unannounced.