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Wonder why these fell over?


benedmonds
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The neighbours actions caused them to fall over. They were responsible. I am no lawyer but if you are responsible for an action that was perfectly foreseeable then I think you could be liable for any damage and to make good..

 

Like I say I would like to see some case law on this

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The neighbours actions caused them to fall over. They were responsible. I am no lawyer but if you are responsible for an action that was perfectly foreseeable then I think you could be liable for any damage and to make good..

 

 

 

Why should that matter.. in your opinion its a scabby hedge but the owner may have liked the screen it gave or whatever.

 

Some neighbours are cocks. I told our newish neighbours that I was going to replace my fence next year, he's still gone ahead and planted Apple and Pear trees right on the fence line....... Let's hope he don't mind when I dig a trench right next to his trees.:001_rolleyes:

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If the tree owner wanted to grow the trees that high perhaps they should have planted trees about 3 metres away from boundary.

I dont see why you should not carry out your plans for your garden due to neighbours trees root encroaching your property.

Perhaps tree owner refused to cut trees and left neighbour with no other choice than to cut roots and make trees unsafe.

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Common law is clear. Reasonable care. Severing roots on the entirety of one side is not reasonable, regardless of the situation.

 

My responses are not based on common law, or your interpretation of them. They're based on common sense and decency.

Very often we get calls from a client who tell us all about their terrible neighbours, painting a picture of them as inconsiderate, experience has taught me to see both sides (plus keep my own counsel and take the money!)

Edited by Mick Dempsey
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