"I’m an 80-year-old pensioner. My 65ft garden abuts my neighbour. For the past 15 years I have requested that he pollard or cut down his single leylandii. He constantly refused to attend to it and also declined my offer, in 2019, to pay half the costs. In February Storm Eunice took the matter out of my hands — and the tree came down...There is now a 4ft drop from the back of my garden into his. Have I got a claim against my neighbour in small claims court, since this damage was brought about by his neglect?"
Russell-Cooke partner Ed Cracknell answers a reader's question in the online edition of the Sunday Times and explains when you might have a claim against a neighbour whose tree has fallen in a storm causing significant damage.
The full article can be read by subscription in the online version of the Sunday Times.
Ed is a partner specialising in all aspects of property dispute resolution. His areas of expertise include landlord and tenant disputes, business lease renewals, rent and service charge recovery, possession proceedings, and dilapidations claims.