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fred
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A question for legal eaglesA tree falls down and smashes 2 pieces of fence. The tree is rotten and the owner knows it.Who pays to replace the fence and has what is left of the tree remove,before that comes down too.
Fred
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joe croatia
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i had a similar problem with one of our clients(i'm builder by the way) the tree roots were lifting the fence and brick pillar, we phoned council and they removed the tree, we replaced the fence and got paid by insurance company! but i dont know who paid council for removing the tree!
joe
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fred
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Well its an old lady who live down the road very friendly with Mrs Fred but he is a right A*****E. Every street has one he has told if she wants it moved get someone to do I was just wonder what the legal thing is before I get a few mates to shift it fix the fence and then punch his lights out if he will not pay
Fred
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joe croatia
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i would phone council first and get them to come out and they''ll know whats best to do
joe
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Bushy
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hmm interesting one that fred
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Chedawan
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Citizens advice bureau should be able to tell you if you give them a call, and it's free. I could've told you three years ago, but my legal mind has rotted since leaving uni. Bushy should know though 
I would've imagined the tree's 'owner' is responsible for any damage caused by their property, jus the same as they would be responsible were their roof tile to slip and fall through someone's caravan. Believe the case was 'Conch v. someone-or-other [1989?]... Bushy?
Only complication comes if it's his border the fence is on (he'll most likely own the fence on one side of the property, but the other is his neighbours (usually but not always, on the side facing the street the house owner's boundary is to the left, looking to the road). If it's his own fence that's broken, you fall in to muddy waters, as theoretically he can do whatever the hell he likes with it within reason.
As I say, I'm very rusty, but the CAB should be able to tell you instantly, they deal with this sort of thing all day.
Adam - Not a proper substitute for legal advice
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fred
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Thanks mate as i said it is an old women he is a s**t
Fred
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Chedawan
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| fred wrote: | Thanks mate as i said it is an old women he is a s**t
Fred |
Oh yeah... agree with you absolutely Fred, If my tree blew down and damaged the neighbour's garden in any way, I'd be round straight away, rake in hand to sort out what I could there and then, and then on the phone to someone who'd sort it properly. Same as when I'm shooting, if I break someone's arrow I put my hand straight in my pocket (another draconian idea apparently  )
Hope it gets sorted to everyone's satisfaction.
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