Liability for damage caused by trees: What to do?


Questioner

My question concerns liability Our neighbours claim damage to their patio tiles caused by root pressure from roots of a tree in our garden. They hold us liable for this. My question is: are we liable for this? We believe that they should consult a claims adjuster to determine whether there is indeed damage and how extensive the damage is and whether the damage is indeed from the tree. In other words, can you tell me what the usual procedure is in such a case?

Lawyer

If the neighbours have suffered damage, they can report this to their insurer or hold you liable yourself. You can then in turn report the damage to your insurer if you are insured, who will settle the claim through an expert. If you are not insured, you must pay for the damage yourself and it will be assessed in advance by the expert of the other party. If neither party has insurance, the damage will also have to be assessed or an expert will have to be called in who can determine whether there is damage from the roots and, if so, how much damage there is.

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