Fence damaged by neighbour's tree
Submitted by Richard Parry on Thu, 24/09/2009 - 13:43
Part of our timber fence was demolished recently by a neighbour's tree branch falling onto it in a high wind. We could claim on out insurance but we would lose our excess and no claims bonus. Can we insist our neighbour pays for the repair?
As the owner of the tree your
As the owner of the tree your neighbour would in my opinion be under a duty to ensure that it was maintained so as not to be a danger to others.
To claim damages you would have to show that your neighbour was in breach of that duty and that it was reasonably forseeable that the branch would fall off in high winds and damage your property.