Can I go tot he Small Claims Court?

Patch67

A tree in a neighbours garden has damaged one of my outbuildings (shed type but much bigger).  The neighbour had been told last year that the tree looked to be "falling over" and needed looking at, though they deny they were told.  The tree was quite tall and had it fallen would not only have damaged property in my garden but also the garden next door, so I believe they had a duty of care to inspect it to make sure it was safe and to remove it if dangerous - which it was.

Gradually as the tree started to fall it damaged my property over several months.  I let them know when the initial damage happened earlier in the year.  It took them 5 months to get the tree taken down from the first damage, 9 months since they were told there was a problem.  Plus the workmen who took down the tree were standing on the roof of the building which I could see moving under their weight, and had caused more damage.  No notice was given to me that the tree was being taken down, yet the workmen had to work in my garden to access it.  In fact I only knew it was being taken down that day as I was off sick and heard a noise at the back of my house!

Now that it is down I need my outbuilding repaired.  They are refusing.  I asked them if we could go to mediation to talk about it, but they flatly refused.
I'm currently sorting someone out to do the repairs, and then I was going to give them a copy of the bill and ask them to reimburse me.  I really don't think they are going to so I just wanted someone to reassure me that this is something that I can take to the Small Claims Court should I need to.

I do have legal cover on my house insurance however as all the timings have spanned over my previous and my current insurance neither company has agreed to help - my current insurer said they would if the tree had actually fallen down.

plumb1_2

Have you got photos of the tree  and workmen standing on the roof 

Bendy_House

"The neighbour had been told last year that the tree looked to be "falling over" and needed looking at, though they deny they were told."

That could have been 'putting them on notice' of what was happening, and their liability should they not sort it and it did subsequently cause damage. I think that would have made a successful SmallClaims/MoneyClaim.org a near cert.

But it looks as tho' you cannot prove this? So all they'd have to say is, "Oops! Our tree has fallen down! Soz - didn't see that coming!", and then you'd have to claim on your insurance for the shed, assuming it's covered.

So, is there any way you can demonstrate - on balance of probabilities - that you did warn them? Did any other neighbour have a word with them about their tree, and would be happy to confirm that they did so?