Sunday, November 15, 2009

If my neighbours tree falls on my garden shed,who's liable for the damage?

my neighbour has huge trees in her garden,they are way too big for a small/medium sized garden.They sway whenever theres a strong wind.I'm worried they will land on my garden shed,its a good shed with proper slated roof. One of the trees is right behind it.If it falls on my shed can I sue her for the damage? I dont know her so I cant really approach her or she'll think Im a looney tune,which I actually am anyway.

If my neighbours tree falls on my garden shed,who's liable for the damage?
Your neighbour!!!! you looney tune!!
Reply:Definetly you can sue them because its in their garden and they've damaged your property.
Reply:Yes you can sue her
Reply:Your neighbour would be liable for the damage. If you are worried you really ought to speak to her.
Reply:she has to pay you or take her to Small clams court
Reply:you should be able to claim something
Reply:She will be liable for the damage, your neighbour.
Reply:If any branches are within your boundary you can cut them by law. Also any damage to your shed you can claim damages from your neighbour. I would get a good solicitor to write them a letter and get a tree inspector from council to see if tree is a health and safety hazard. If it is they will cut it down.
Reply:Count the positive aspects of that tree - like shade etc. and not the fear of felling tree. At the most you can have good relations with your neighbour and ask her to get the tree trimmed to the extent that it never falls. Enjoy good neighbourhood.
Reply:She would,be sure you are not in the shed tho
Reply:Depends on the property liability laws where you live. Better to ask a local attorney, than solicit non-profesional advice here, and be wrong.
Reply:If a tree from your neighbours yard falls onto your property and damages your shed,she is liable. i would approach the lady and vioce my concerns you never know she may be a looney tune as well.
Reply:she is and you could sue, you should suggest that she cut it down or trim if your are concerned.
Reply:Depends on the laws where you live. Usually, if it is her tree she has to pay for what it does....I had a neighbors big tree break in half during a wind storm and her insurance had to pay for it's removal and my roof.
Reply:If it was on his side of the fence (assuming there's a fence, doesn't have to be) then he is liable to cough up.
Reply:Yes they are liable
Reply:i think it is RACV or anyone else.
Reply:She would be responsible as it is her tree. You state that you don't know her so you can't talk to her. How long have you been neighbors? I would try talking to her. It could be she doesn't even relize the possible problem and may even be willing to have the tree trimmed to prevent such a problem. She may be a looney tune also and then the two of you can be looney tune's together.
Reply:you sure will be able to claim.

why can't you ?
Reply:If the wind blows your shed up into your neighbours tree are you liable.

Yes, you could probaby make them pay. Laws, because of greedy people like you are passed to keep neighbours from being friends. Don't build sheds in areas where trees might grow.

You can breathe without sheds, you can't breathe without trees.

One other thing, the tree is not right behind the shed, the shed is right in front of the tree.

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