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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11426
Experience:  30 years as a practising solicitor.
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The soil in my garden has been completely drained of nutrients

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The soil in my garden has been completely drained of nutrients due to the proximity of trees owned by a housing association. The association has agreed to have the trees felled due to our concerns regarding possible damage to house foundations but claims that it is not liable for the cost of remedial work necessary to restore the garden. Is this correct?
Thank you for your question.

You would have to establish negligence on the part of the Housing Association to claim the cost of remedial works to your garden. I think you would have difficulty in doing so as a court would be unlikely to hold that the damage was reasonably foreseeable. I don't think you would win this.

Happy to discuss further.

I hope this helps. Please leave a positive response so that I am credited for my time.
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