Your Tree falls into neighbours, whose responsibility to clear up?

[Stubby]

5 hours ago, drinksloe said:

I was under the impression the above was not the case.

 

i have been looking into this as i have trees on my ground, but most of the insurance sites state that it is not the tree owners insurance but the house holders if landed on.

They claim of their own and don't then claim of urs like u do for car insurance.

 

By rights the way i read it the neighbours insurance should pay for the work and then give u the timber back if u want it.

It did seem a funny situation to me

A situation I recall ....Regular customer ( to the point of being a friend ) . Tree falls in a blow across the boundary damaging a brick and flint wall and demolishing a shed with a speed boat in it . Gardener ( who is also a friend of us and the client ) Says to the neighbor " I have been telling her for ages it was dodgy ! "  So , nothing said to the gardener ( coz he is a nice bloke if  somewhat misguided )  Client quietly pays for the lot , wall , shed , speed boat and us to clear tree and asks us not to mention anything to the gardener .  

Edited March 6, 2022 by Stubby

[spudulike]

In my world, I would grab a saw, chop up the wood, burn the brash and keep the logs....and charge the tree owner a few bottles of Shiraz...nice and simple.

All that legal stuff sounds a bit expensive and likely to affect future insurance costs. A simple mutual solution is usually the best but unfortunately, idiotic neighbours may mess up a decent plan!

[scbk]

What about if the trees blow through the boundary from person A to person B. Trees windblown on both sides of the boundary. 

And person B's shed is underneath, damaged by their own trees, that were probably pushed over by person A's.

 

But if person A had felled their trees in advance, person B's trees would be exposed and blow over anyway (onto the shed!)

Not sure if any valid insurance policy exists for either party.....

 

And person A doesn't seem to give a fook, so person B has to do all the work on both sides of boundary fence.

 

Hypothetical of course!!!

Edited March 6, 2022 by scbk

[htb]

36 minutes ago, scbk said:

What about if the trees blow through the boundary from person A to person B. Trees windblown on both sides of the boundary. 

And person B's shed is underneath, damaged by their own trees, that were probably pushed over by person A's.

 

But if person A had felled their trees in advance, person B's trees would be exposed and blow over anyway (onto the shed!)

Not sure if any valid insurance policy exists for either party.....

 

And person A doesn't seem to give a fook, so person B has to do all the work on both sides of boundary fence.

 

Hypothetical of course!!!

Shit happens.

[Khriss]

Tree belongs to you, you clear it up. Unless yr dealing with anal solicitors then bon chance. K

[scbk]

Another added complication could be that in Scotland windblown trees need a felling licence (unless exempt). Don't know how it would work if you were clearing trees in a park/garden (exempt) that had blown through the boundary from a woodland

[Jamie Jones]

10 hours ago, drinksloe said:

I was under the impression the above was not the case.

 

i have been looking into this as i have trees on my ground, but most of the insurance sites state that it is not the tree owners insurance but the house holders if landed on.

They claim of their own and don't then claim of urs like u do for car insurance.

 

By rights the way i read it the neighbours insurance should pay for the work and then give u the timber back if u want it.

It did seem a funny situation to me

The own of the damaged house claims on his insurance. And his insurance bounces the tree owners insurance, and if uninsured, bounces the tree owner.

 

[kevinjohnsonmbe]

7 hours ago, Jamie Jones said:

The own of the damaged house claims on his insurance. And his insurance bounces the tree owners insurance, and if uninsured, bounces the tree owner.

 

I agree. 
 

Just sorted this one. 
 

Not cross boundary but - homeowner contacts their home insurer to see if costs are covered for tree removal. 
 

Insurer asks - any damage to house?

 

Answer - No. 

 

Fixing the tree is not a recoverable cost I’m afraid....

 

Homeowner (tree owner) pays for tree work. 
 

The phone call to tell me about it was funny - that Saturday of Eunice. 
 

“..... er, you know that tree you told us to remove several years ago....”

 

”....yes...”

 

”...er, it’s on the house....”

 

”...right-o, I’ll come and have a look...”

 

 

[Khriss]

Well i never, homeowner 0 tree professional 1. K

[daltontrees]

This question always comes up and it continues to be surprising how ill-defined the answer is. Attempts to answer it always drift off into pragmatic advice, matters of insurance and of responsibility for harm or damage, and horror stories about spiralling legal costs. I believe the answer is clear and simple as long as these distractions are ignored, or at least answered as special cases to the general rule.

 

If your tree falls into a neighbour's garden, it's still yours so get it removed.

IF THERE WAS ALSO DAMAGE OR HARM TO NEIGHBOUR

If it caused damage or harm that could not have been reasonably foreseen, the tree owner is not responsible for compensation.

If harm or damage was reasonably foreseeable, the tree owner may be held negligent and compensation would be payable.

IF THERE ARE ALSO INSURERS INVOLVED

If there are insurances in place, the insurers may step in and deal with negligence claims. It doesn't change the rights or responsibilites of the parties.

Purely depending on what the policy or policies say, insurance may or may not pay out for unforeseeable damage. This is not a rule of law, it depends on the policy. It doesn't change the rights or responsibilites of the parties.

Policies differ as to liability for damage to 3rd party property, whether by negligence or bad luck. They also differ as to cover for damage to boundary structures, which oddly are often excluded from insurance on cheap policies.

Edited March 7, 2022 by daltontrees