UK Law

Get UK Law Questions Answered by Verified Experts

Ask an Expert,
Get an Answer ASAP!

I have an issue where i have cut a tree in my new property,

Customer Question
Hi, i have an...

Hi, i have an issue where i have cut a tree in my new property, and it accidently has gone into the neighbours garden, and damaged the neighbours shed, i had repaired to best of ability at the time, but the neighbour was not happy with the repair, he is now attempting to claim from me for a cost of a shed,

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

I have found a replacement shed for him, and he is claiming 4 times this amunt i am in the UK

Lawyer's Assistant: Has anything been filed or reported?

No, nothing has been filed, only letters been sent, and text messages.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

The neighbour, previously owned his property, but sold it prior to the incident, he is now the tenant.

Submitted: 10 months ago.Category: UK Law
Show More
Show Less
Ask Your Own UK Law Question
Answered in 2 minutes by:
9/21/2017
Solicitor: Jamie-Law, Solicitor replied 10 months ago
Jamie-Law
Jamie-Law, Solicitor
Category: UK Law
Satisfied Customers: 7,682
Experience: Solicitor
Verified

Hello my name is ***** ***** I will help you with this.

Do you accept the repair is not up to standard?

Ask Your Own UK Law Question
Customer reply replied 10 months ago
The shed has been in situ for years, it is a metal panel shed, the door is wood (already rotten), yes some panels are not able to straightened, but i have proposed to the neighbour to provide me with the make and model of the shed for me to check parts available and replace as neccessary.
i can agree with the neighbour that it is not in the same condition prior to the damage due to the damaged panels
Solicitor: Jamie-Law, Solicitor replied 10 months ago

Of course, as they only have a limited life.

Wont he give you the make/model and replace it?

Ask Your Own UK Law Question
Customer reply replied 10 months ago
no he has not acknowledged this request, he has initially asked for £2000 (and admitted it is smaller than the one in place), but i have told him via letter, i will not pay for an upgraded shed (as it includes sliding doors which not present in one he has now), however i have found a like for like replacement, for £500, he has refused to accept this, and threatened legal action, since i have requested the owner of the property's contact details, but not forthcoming. since i have received a letter asking for a sum of £1300. i have not yet sent a response
Customer reply replied 10 months ago
i proposed i can contribute towards the new shed of £500 as his has been in situ for years,(i provided him with the details of the found shed) but did not make any offer of the amount,
Solicitor: Jamie-Law, Solicitor replied 10 months ago

Do you know the cost of getting someone in to repair it? Or cant it be repaired?

Ask Your Own UK Law Question
Customer reply replied 10 months ago
it can be repaired by replacing the parts, however he is not giving the make or model, just asking for amount to be compensated.
he has sent a letter demanding compensation,
Solicitor: Jamie-Law, Solicitor replied 10 months ago

Ok - then you dont need to pay for replacement. You have been more than reasonable offering repair or £500.

As such do not pay anything. In any event you would not even have to pay for a new shed.

If it is old, you would only pay like for like. But anyway, you have offered to fix it.

Therefore you do not need to do anything else.

Can I clarify anything for you about this today please?

Ask Your Own UK Law Question
Customer reply replied 10 months ago
please, as they are threatening me civil action and feels he is going to reclaim costs of the court back as well. I feel worried and pressured.
Would the courts seek his costs from me?He seems to want to claim some compensation from me which was his demand when sending his letter.
Is he entitled to this compensation ? He has not lost anything but has said as the tree has come down it has also knocked his conifer trees branches.should I pay any amount to him in terms of the £500 I have offered? Or should I just offer a repair again?
He has sent me a letter again demanding £1300 This time, and to have a matter settled by 22 September 2017 or he will take alternative action.
What should I do?
Customer reply replied 10 months ago
would it make a difference that it is not able to be repaired, I think he may have mentioned this cant be repaired but this was on initial talks about this a few weeks after the incident
Solicitor: Jamie-Law, Solicitor replied 10 months ago

The Court wouldnt seek costs if they think you have been reasonable. He isnt entitled to compensation if you are offering to put everything right. Offer the repair again.

Does that clarify?

Ask Your Own UK Law Question
Customer reply replied 10 months ago
If that fails as he would then not accept a repair.
Should I continue to discuss with him as he is no longer the owner of the property.0
Solicitor: Jamie-Law, Solicitor replied 10 months ago

No, as you say, he isnt the owner!
Does that clarify?

Ask Your Own UK Law Question
Solicitor: Jamie-Law, Solicitor replied 10 months ago

If this answers your question could I invite you rate my answer 3, 4 or 5 stars before you leave today.

I am only paid for my work on this question if you rate my answer, using the star system at the bottom of the screen. Please do not forget as it is an important part of the online process! Thank you.

Ask Your Own UK Law Question
Customer reply replied 10 months ago
Should I send the neighbour a letter or should I deal with the owner of the property only? As he is no longer the owner
Solicitor: Jamie-Law, Solicitor replied 10 months ago

New owner. Its nothing to do with existing one now.

Does that clarify?

Ask Your Own UK Law Question
Solicitor: Jamie-Law, Solicitor replied 10 months ago

If this answers your question could I invite you rate my answer 3, 4 or 5 stars before you leave today.

I am only paid for my work on this question if you rate my answer, using the star system at the bottom of the screen. Please do not forget as it is an important part of the online process! Thank you.

Ask Your Own UK Law Question
Customer reply replied 10 months ago
Hiya
If I rate does the question be completed.
Reason being I have received a letter from the courts.
For a claim of £1370
Could you advise me of any next steps?
Solicitor: Jamie-Law, Solicitor replied 10 months ago

the question does not close. I can assist further if you rate.

Ask Your Own UK Law Question
Customer reply replied 10 months ago
Could we finish prior to rating you?
Solicitor: Jamie-Law, Solicitor replied 10 months ago

Sure. You now need to file a defence, saying why you are not liable.

You do this for the reasons we have discussed. It will then go before a Judge who will say whether you are liable.

Your defence is based on this person is now not the owner and sold it on.

Does that clarify?

Ask Your Own UK Law Question
Solicitor: Jamie-Law, Solicitor replied 10 months ago

If this answers your question could I invite you rate my answer 3, 4 or 5 stars before you leave today.

I am only paid for my work on this question if you rate my answer, using the star system at the bottom of the screen. Please do not forget as it is an important part of the online process! Thank you.

Ask Your Own UK Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a solicitorLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Jamie-Law Your Own Question
Jamie-Law
Jamie-Law
Jamie-Law, Solicitor
Category: UK Law
Satisfied Customers: 7,682
7,682 Satisfied Customers
Experience: Solicitor

Jamie-Law is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks!

RickLeeds, UK

I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks!

Ms. BakerAlfafar, Spain

Thank you so much for your help. Your answers were really useful and came back so quickly. Great!

MaggieUSA

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!!

AlexLos Angeles, CA

Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult.

GPHesperia, CA

I couldn't be more satisfied! This is the site I will always come to when I need a second opinion.

JustinKernersville, NC

< Previous | Next >

Meet the Experts:

Ben Jones

Ben Jones

UK Lawyer

9,256 satisfied customers

Qualified Solicitor

INC

INC

Solicitor-Advocate

3,868 satisfied customers

LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)

Jenny Mackenzie

Jenny Mackenzie

2,760 satisfied customers

Over 10 years experience in general legal matters

Matthew J

Matthew J

Solicitor

334 satisfied customers

4 y PQE (Partner) - Commercial / Residential Property & Property and Civil litigation experience

James Mather

James Mather

7,349 satisfied customers

Senior Partner at Berkson Wallace

Clare

Clare

Solicitor

9,513 satisfied customers

family solictor with 25 years experience

Thomas

Thomas

Lawyer

2,177 satisfied customers

BA (Hons), PgDip, Practising Solicitor

< Previous | Next >

Related UK Law Questions
I have a small problem, my neighbour has decided to replace
I have a small problem, my neighbour has decided to replace his fence and has damaged my shed roof and moved my other smaller shed about two feet further into my garden. my sheds were put up by myself… read more
propertylawyer
propertylawyer
Llm
258 satisfied customers
Instead of resorting to self help remedies (cutting
Instead of resorting to self help remedies (cutting overhanging branches ) can I instead apply for an injunction (mandating neighbour to cut the tree or to maintain the tree so there are no overhangin… read more
Buachaill
Buachaill
Barrister
Master\u0027s Degree
2,979 satisfied customers
Type your question here. The roots of the tree of of the
Type your question here. The roots of the tree of of the neighbour (rear garden) has damaged our concrete patio at rear of the garden. The damage was covered with barks by the seller. my insurance com… read more
James Mather
James Mather
7,349 satisfied customers
I rent a private house from a social landlord. With the house
I rent a private house from a social landlord. With the house comes a garden with some large tree's in it. During the storms on 28th October 2013 one of these tree's blew down and decimated not only m… read more
James Mather
James Mather
7,349 satisfied customers
During the December heavy winds some branches from an Oak in
During the December heavy winds some branches from an Oak in my property fell into my neighbours garden and he claims it damaged his shed. I was out of the country when this happened. He also claims t… read more
James Mather
James Mather
7,349 satisfied customers
In the recent bad weather some loosely stacked zinc corrugated
In the recent bad weather some loosely stacked zinc corrugated sheets blew out of a neighbours back garden and damaged my car. The house is rented out. I am trying to understand is either the tenant o… read more
Daniel Smith
Daniel Smith
Bachelor's Degree
1,213 satisfied customers
Hello, My name isXXXXXm a homeowner in London (SE). While
Hello, My name isXXXXX a homeowner in London (SE). While I was in Norway, a new neighbour arrived as a tennant in the property that is on the top of mine (it's a maisonatte), she has been a pain in th… read more
Joshua
Joshua
Lawyer
LL.B (Hons), Prof. Dip. Law & Pract
14,181 satisfied customers
A neighbours tree fell in a storm in November and destroyed
A neighbours tree fell in a storm in November and destroyed our garage - there are 4 other trees of similar size beside the one which fell. The landowning neighbour has obtained a tree survey on the r… read more
Joshua
Joshua
Lawyer
LL.B (Hons), Prof. Dip. Law & Pract
14,181 satisfied customers
does my neighbour have a duty of care to ensure that any trees
does my neighbour have a duty of care to ensure that any trees in his garden are safe and is he responsible for any damage caused to my property due to the tree falling down?… read more
Joshua
Joshua
Lawyer
LL.B (Hons), Prof. Dip. Law & Pract
14,181 satisfied customers
the house we live has been our home for the last 25 years,
the house we live has been our home for the last 25 years, all plants in the garden have been planted by us, including a treet which about 5 years ago had a preservation order placed on it.About 2 yea… read more
Joshua
Joshua
Lawyer
LL.B (Hons), Prof. Dip. Law & Pract
14,181 satisfied customers
Hi - I own my property but the properties either side of mine
Hi - I own my property but the properties either side of mine are rented. All the fences in the garden on both sides need replacing due to damage caused by trees/plants/sheds in both the gardens next … read more
Joshua
Joshua
Lawyer
LL.B (Hons), Prof. Dip. Law & Pract
14,181 satisfied customers
My neighbour has cut down my tree at the bottom of my garden.
My neighbour has cut down my tree at the bottom of my garden. This was done without my consent or any conversation with me. It was a mature 40/50ft tree. My partner has been round to their house after… read more
Jo C.
Jo C.
Barrister
Master\u0027s Degree
38,220 satisfied customers
we have lived in our current home for over 25 years We have
we have lived in our current home for over 25 years We have a fence at the bottom of the backi garden which we erected about 20 years ago and we followed the line of what was then a council fence the … read more
Thomas
Thomas
Lawyer
Bachelor's Degree
2,177 satisfied customers
Our next door neighbour has cut back a willow tree overhanging
Our next door neighbour has cut back a willow tree overhanging her garden by approx 40% of the total width of that tree. Where there was a small gap between said tree and a shed there is none now. Obv… read more
Jo C.
Jo C.
Barrister
Master\u0027s Degree
38,220 satisfied customers
we have lived in our property over 25 years when we bought
we have lived in our property over 25 years when we bought the house very large conifers surrounded our back garden our neighbours drive is at the back of our garden and after all this time is saying … read more
Aston Lawyer
Aston Lawyer
Head of Residential Property
LLB (HONS)
3,813 satisfied customers
Hi I live in a victorian garden flat. My neighbour upstairs
Hi I live in a victorian garden flat. My neighbour upstairs came into my property when i was not there and cut back my trees really severly, pollarding it. He started out removing the branches that ob… read more
Jo C.
Jo C.
Barrister
Master\u0027s Degree
38,220 satisfied customers
our neigbout has built a large shed in his garden without
our neigbout has built a large shed in his garden without planning, we live in a grade 2 listed building and he is having to apply for retrospective planning. he has built the shed 8 inch away from ou… read more
Tulkinghorn
Tulkinghorn
Bachelor\u0027s Degree
1,141 satisfied customers
We are currently living abroad and rent out our house in Hampshire.
We are currently living abroad and rent out our house in Hampshire. A neighbour of ours pressurised/bullied the tenants gardener into cutting down a 5m high tree which he did not like. The tenant did … read more
Karen G
Karen G
Solicitor
Bachelor\u0027s Degree
493 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x