can anyone help with a bit of advise?

[Taupotreeman]

Shouldn't this be a job for your insurance to sort out?

[Rick2517]

surely if your neighbour has gone out of his way to pay for a tree report then he is excepting liability/ownership of the tree!!

[treequip]

Do you mean Excepting

Or did you mean Accepting

Your syntax would seem to indicate the latter but the word you used means the opposite. Damn that autocorrect

 

For the record paying for a report in itself would not indicate liability, only ownership of the tree can infer liability.

 

 

The OP’s vehicle insurance should cover this but bot all cars are insured, I have seen a write off (by a tree falling) of a classic car under restoration on private land, sorn’d and uninsured.

 

If the vehicle is on cover we all know that the underwriter is going to offer less than you value your bus at and there will be other costs that you might be able to recover from the tree owner, if you can prove they had not complied with their duty of care.

 

First thing to do is establish ownership and the first port of call for that would be the land registry. Not all land is registered so you may well have to do some leg work.

 

The report, was commissioned by the neighbour and that matter is entirely between him and his expert, there are no implications for you but the neighbour may be able to recover any losses IF the expert was negligent.

[Ian C]

looks like armillaria mellea to me, and it loves damp conditions and ash!

 

I wont say any more.

 

Same here, honey fungus.

[jaime bray]

One thing to possibly consider is if the tree formed part of a line of trees or other adjacent vegetation in his ownership, then the law of 'joint severance ownership' may cause him to have to accept the tree is his until HE can prove its not.

 

 

 

Its something like that, but this law has proved well worth it to some people.

 

The report may have requested that for a complete assessment to be made then the ivy would need to be removed, check to see if there were any time constraints for any further recomendations or actions, the report author may be well covered with caveats however this may have put the onus on to the report recipient.

 

Always interesting, however prepare to move house as the neighbour and you are likely to fall out lol

[treequip]

One thing to possibly consider is if the tree formed part of a line of trees or other adjacent vegetation in his ownership, then the law of 'joint severance ownership' may cause him to have to accept the tree is his until HE can prove its not.

 

 

 

Its something like that, but this law has proved well worth it to some people.

 

The report may have requested that for a complete assessment to be made then the ivy would need to be removed, check to see if there were any time constraints for any further recomendations or actions, the report author may be well covered with caveats however this may have put the onus on to the report recipient.

 

Always interesting, however prepare to move house as the neighbour and you are likely to fall out lol

 

 

Ummmm that term is a little confusing, can you clarify a little, any case law?

[Picto]

The Land Registry will only be of help if the land is registered.

 

Often, what happens is little pockets of land between properties is never properly registered and the ownership is a little flakey.

 

To find out if its registered you will need to make a SIM search application to the Land Registry. It costs £4.00 and you'll need to give them a map of the extent you want to search.

 

This result will tell you if its registered and, if so, you'll need to order the relevant registered title (which is also £4.00). The Land Registry are (these days) pretty helpful on the phone, so I'd give them a call.

 

As has been said above, I imagine you'd just hand this over to your insurers who will get their legal teams on board and will work with the other relevant insurers (i.e. your neighbor's buildings insuers etc) to work out liability and get it sorted.

 

I'd be careful starting a battle with your neighbor, I've seen disputes like this go way out of proportion. I'm not saying liability is your neighbor's (a few paragraphs on a forum can never give the true answer) its likely to be sorted by his insurance co - so not much point starting a war with him.

 

I used to work in land law before coming into Arb, so if you have any issues with what to do with the Land Registry, then feel free to PM me.

[Tom D]

if the tree was inspected then the liability probably falls on the professional indemnity cover of the inspector, if it wasn't inspected then the owner is liable..... you just need to find out who the owner is.

 

Your insurer may well be able to follow this up for you, many home and motor policies have legal cover, you might as well get your moneys worth out of them.

[Rick2517]

Do you mean Excepting

Or did you mean Accepting

Your syntax would seem to indicate the latter but the word you used means the opposite. Damn that autocorrect

 

For the record paying for a report in itself would not indicate liability, only ownership of the tree can infer liability.

 

Apologies I did mean Accepting!!!

I was just talking in general terms really, if the tree seamed to be safe (it must have for the surveyor to not pick up on anything) then why els would the guy have paid for a report unless he knew it was his tree and waned to make sure it wasn't about to fall over and for instance "flatten somebodies camper van"!!

Just seams strange to me.

[treequip]

I would be careful drawing conclusions from reports of third party information, we don’t know that a report exists or indeed what it covered, its what the neighbour has claimed but, tree officers are usually careful about third party reports.

 

If its on their patch you have a potential conflict of interest and the LA pre se would be reluctant to get involved in that mire.