failed poplar into neighbours garden

[Ackworth Arborists]

Hi everyone i need a little advice for a customer. The situation is... failed lombardy from neighbouring property to the rear of customer. Tree has snapped at base and landed on detached garage. No one around at property where tree is located then told possibly on holiday. We now have a poplar resting on the garage and we are instructed to remove it to make it safe. Customer now informs me that neighbour is not prepared to pay for the work done to make safe their dangerous tree that has damaged his garage and neighbour says it is an act of god. Where does he stand legally. I thought that the neighbour would be responsible for the tree and would foot the bill as it is on their property and fell into a neighbouring property causing damage. Any info would be great.

[slasherscot]

the person where the tree has landed claims off their home insurance

[AlvinD]

Neighbour owns he tree as far as I'm concerned. Lawsuit

[Tom D]

I have had this situation before, chances are the garage owner will claim off their insurance, best let the two insurers sort it out amongst themselves. It would be well worth documenting the state of the tree and noting any defects.

 

And most importantly make sure they know that they will be liable for your bill wahtever the outcome.

[VEG]

Make sure you know who is going to pay you before starting anything.

[Ackworth Arborists]

I will be getting paid by the customer that contacted me to remove it from his garage. That bit is fine. I just wanted to help him a little that was all and offer him as much advice as i could. Many Thanks for the sppedy replies everyone

[Moley]

The owner of the tree is laible for the removal of the tree and any damages caused by it.

[HCR]

If there was no foreseeability, the tree owner may well not be liable. For this reason the tree owner would be advised to collect evidence to support his case...however, if the base of the tree is covered in fungus and you can push your fist into the trunk, the garage owner would stand a fair chance of winning if it went to court.

[oslac]

I have had a similar situation recently when a neighbouring tree fell onto my client's garage and squashing two cars. The owner of the tree refused to have anything to do with the situation and my client had the tree removed before I could survey it, All that was left was some photos and a decayed stump which made gathering evidence for the insurance report difficult.

 

I therefore suggest that you very carefully document everything. If there are any defects on the tree then take photographs. Retain any samples of decay and bracket fungus and document the state of the stump. Ideally, a full survety of the tree is needed.

 

The insurance company for the person whose garage got squashed is likely to want to recoup the costs of the damage, tree removal etc from the tree's owner and will appreciate any evidence.

[Gnarlyoak]

The neighbour should be liable for any damage caused by the failure of their tree. But how your potential customer wants to deal with that issue is up to them, but they would be best advised to contact their insurance company.

 

Confirm who is paying you. If your sure that they will pay, have the request put in writing then do the job, taking lots of pictures before; during and after. When the dust settles let the two neighbours fight over who'se ultimately responsible with their insurance companies.

 

Should'nt be your problem mate, your a Tree Care Professional not a Neighbourhood Watch Negotiator. The bun fight over liability and who pays the costs should be left to the insurance company leeches.