Save your time and money ringing the Council. It is nothing
whatsoever to do with the Council unless next door is a Council house which is
rented. Even then, the council will simply say that it is the tenant's
And indeed, it is the tenants responsibility under the Occupiers
Liability Act also in common law negligence.
Provided there has not been a horrendous storm which would have
broken even a tree in good health and that the branch has broken through lack
of maintenance/care/trimming/pruning you have a claim.
The breaking of the branch incident must be reasonably foreseeable
and so must the damage caused.
The second one, the damage, causes no problem because that is
indeed reasonably foreseeable that of a branch falls on your shed, it will
The first one is more problematical because it would depend on the
state of the tree before the branch broke. If the branch looked dangerous
before the event, or the tree was diseased or the branch was partly broken or
dangerously long, then it is reasonably foreseeable that it will break.
My suggestion would obviously be to speak to the neighbour and
tell them that the tree has damage your shed and ask them to pay for it and if
they will not, you are then faced with doing the repair and suing them in the
Small Claims Court to recover the costs.
You can do it quite easily here www.moneyclaim.gov.uk
and let the judge decide the issue.
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