Tree clearing dispute

[Valmet7]

Happy new year guys!

 

Just a quick question, if i have a windblown tree on my land and it falls next door through an act of god. What are the implications and responsibilities for both parties?

For example who clears the tree and pays for damages etc.

I also include that the tree was in good health.

Cheers

[Dan Earp]

As a guess, if its a tree on your land then you would have to remove it, and any damages.

[woodyguy]

As I understand it you would have to remove it. Whether you are responsible for damages depends on whether the falling was predictable or not. So if it was heavily rotted and you'd ignored a request from your neighbour to fell it, then you'd be liable. If it was a healthy tree blown over by freak weather, then it isn't your responsibility. He might well wish to claim on his insurance, so your insurers might discuss it with his.

Hope this helps.

[HCR]

As I understand it you would have to remove it. Whether you are responsible for damages depends on whether the falling was predictable or not. So if it was heavily rotted and you'd ignored a request from your neighbour to fell it, then you'd be liable. If it was a healthy tree blown over by freak weather, then it isn't your responsibility. He might well wish to claim on his insurance, so your insurers might discuss it with his.

Hope this helps.

 

I'd agree with that. If there is no foreseeability, your liability is limited (but possibly not negated).

[stoxs]

this is where tree surveys come in, it can give you a little proof to what the conditon of the tree was. Many large estates are doing tree surveys on a regular basis to cover themselves if an event like this takes place. especially around roads and foot paths where there is ligetimate public access.

 

Agree with above,

My advice would be take lots of pictures before any clear up happens, especially root plate and any damge caused to your property and neighbours property.

stick pictures on a cd and keep it safe you never know if you may need them.

 

I removed some damaged branches from a tree in a private garden that were damaged from a willow, neighbours were all out as soon as saws were started . I took pictures of every branch we removed before during and pruning cuts.

never heard another word but i got the pictures!!

[Graham S]

If its an act of god then your not liable , common curtisy would say to clear it up but the damage is an act of god .

[ukminch]

Surely if it's on your property it's your responsibility, accordingly if it fails then while you couldn't be criminally liable if you've carried out adequte inspections you would still be in a position of civil liability?

 

A bit like if your car is parked on a slope and the handbrake fails rolling into and causing damage you're responsible for the damage, but you couldn't have avoided it?

[Gary Prentice]

Happy new year guys!

 

Just a quick question, if i have a windblown tree on my land and it falls next door through an act of god. What are the implications and responsibilities for both parties?

For example who clears the tree and pays for damages etc.

I also include that the tree was in good health.

Cheers

 

A client had a neighbour with a Lombardy poplar on the boundary. It failed, taking out the boundary fence and falling across two other neighbouring gardens.

 

The owner contacted his household insurance co. who asked what damage had occurred to their own property. That insurance company paid for the fence and removing the short length of trunk in their own garden only.

 

The insurance company took the view that the rest of the tree, being on other property, after the event, was now the responsibility of others. This was about two years back, but I am aware of similar cases in the past.

 

Whether the neighbouring owners own insurers claim back costs from the owners insurer I don't know.

 

Don't flame me for this post, this is just what I've been told. The owners of the poplar were both solicitors, man & wife, who were both surprised at their insurers policy on this.

[Marc Lewis]

As far as I am aware, as a tree owner, you must be seen to be making adequate/reasonable steps tolook after your trees so that they do not fail causing damage to others or others property. It sounds though this tree was in good health and could not have foreseen this, leaving you not responsible for the damage caused. However, it is your tree and you are responible for clearing it up.

[kimtree]

A client had a neighbour with a Lombardy poplar on the boundary. It failed, taking out the boundary fence and falling across two other neighbouring gardens.

 

The owner contacted his household insurance co. who asked what damage had occurred to their own property. That insurance company paid for the fence and removing the short length of trunk in their own garden only.

 

The insurance company took the view that the rest of the tree, being on other property, after the event, was now the responsibility of others. This was about two years back, but I am aware of similar cases in the past.

 

Whether the neighbouring owners own insurers claim back costs from the owners insurer I don't know.

 

Don't flame me for this post, this is just what I've been told. The owners of the poplar were both solicitors, man & wife, who were both surprised at their insurers policy on this.

 

a cunning ploy to make all have Insurance tis the same over here