Hi,
I received a letter this afternoon notifying me that a claim has been put forward against our property by a neighbour. The claim is regarding supposed 'extensive damage' to the neighbours' garage again supposedly caused by a branch of what we believe to be an elm tree on our property. They are claiming a branch has fallen off in high winds on October the 3rd 2009 and impacted their garage roof.
Bear is mind this is the first correspondence we have received to this date. They are holding us liable for this damage to the sum of £3933. Also bear in mind the garage has already been repaired fully without our knowledge of this 'incident' ever happening.
What strikes us as strange is the time-line. Almost 6 months down the line we receive this letter knowing nothing beforehand and also with no proof of it ever happening. Just to put it into perspective, this tree is between approximately 35-40 feet tall, has already been extensively trimmed and is also approximately 30 feet away from said garage. This is part of a row of 7 trees belonging to various owners (they are also listed trees so we cannot touch them without permission). We can only trim them to our council's specifications.
By the way, this isn't a literal neighbour. The trees are situated at the rear of our garden. This lies next to the rear of the claimants back garden. Their house is actually situated on the adjacent road to ours.
For a branch to have caused the 'extensive damage' it would have had to have been very large and obviously very heavy. This somewhat negates the possibilities it has travelled at least 30 feet. As far as I know this would require far higher than gale force winds.
According to this letter we have received, we have been put on 'notice' regarding our trees and the danger they pose in high winds. They even go as far to say that these trees pose a danger of falling down. This is absolutely absurd. The trees have been standing strong and tall for what we believe to be over 60 years. We have never received such a notification and neither have any of our neighbours.
We have been in contact with their solicitors and questioned their proof in which there doesn't seem to be any anyway. When asked about the proof they just seemed to dodge.
That is all I can think of at the moment. Is there any chance in hell of this going any further than it already has? The letter informed us that we have 21 days to pay or face court.
Any help or assistance would be greatly appreciated. If you require any further information about the matter please ask. I'm hoping all of you legal bods out there can reassure me on this peculiar situation!
Many thanks.
I received a letter this afternoon notifying me that a claim has been put forward against our property by a neighbour. The claim is regarding supposed 'extensive damage' to the neighbours' garage again supposedly caused by a branch of what we believe to be an elm tree on our property. They are claiming a branch has fallen off in high winds on October the 3rd 2009 and impacted their garage roof.
Bear is mind this is the first correspondence we have received to this date. They are holding us liable for this damage to the sum of £3933. Also bear in mind the garage has already been repaired fully without our knowledge of this 'incident' ever happening.
What strikes us as strange is the time-line. Almost 6 months down the line we receive this letter knowing nothing beforehand and also with no proof of it ever happening. Just to put it into perspective, this tree is between approximately 35-40 feet tall, has already been extensively trimmed and is also approximately 30 feet away from said garage. This is part of a row of 7 trees belonging to various owners (they are also listed trees so we cannot touch them without permission). We can only trim them to our council's specifications.
By the way, this isn't a literal neighbour. The trees are situated at the rear of our garden. This lies next to the rear of the claimants back garden. Their house is actually situated on the adjacent road to ours.
For a branch to have caused the 'extensive damage' it would have had to have been very large and obviously very heavy. This somewhat negates the possibilities it has travelled at least 30 feet. As far as I know this would require far higher than gale force winds.
According to this letter we have received, we have been put on 'notice' regarding our trees and the danger they pose in high winds. They even go as far to say that these trees pose a danger of falling down. This is absolutely absurd. The trees have been standing strong and tall for what we believe to be over 60 years. We have never received such a notification and neither have any of our neighbours.
We have been in contact with their solicitors and questioned their proof in which there doesn't seem to be any anyway. When asked about the proof they just seemed to dodge.
That is all I can think of at the moment. Is there any chance in hell of this going any further than it already has? The letter informed us that we have 21 days to pay or face court.
Any help or assistance would be greatly appreciated. If you require any further information about the matter please ask. I'm hoping all of you legal bods out there can reassure me on this peculiar situation!
Many thanks.
Last edited:
