Who pays for damage from windblown tree?

[Sylvia]

Kent neighbours argue over who should pay for costly tree removal | Mail Online

 

what is the right answer in a case where a tree owned by one neighbour is blown over and damages next door's property?

[Sylvia]

Just to explain my interest:

In our case next door's tree damaged a company car but the company stood the cost and the neighbour paid to have the tree removed - not sure if they claimed it on their insurance.

A TPO'd Beech in our front garden if it blew over would probably hit the house across the way - not to mention anyone walking up the road - now and again I pay £200 to get it checked and get a report - but my cash is running low and the report never says it's safe as houses - just that I should get it checked again next year.

[Marc]

£2500 to fell that wee Leylandii!!! God I love the Daily Mail almost as good as this article A poignant tale of why this woman cut down beloved cherry tree | Mail Online where they fail to mention how much this lady paid to have her tree removed for firewood as she is to poor to heat her home....

 

On topic though the removal costs will come down to the tree owner as for damage being the cause of high winds/exceptional circumstances I am not so sure.

 

With your tree if they are recommending a yearly monitor it would suggest to me there is concern for the trees safety, although often the case is more that the report is only valid for a year, have you ever carried out work that has been recommended in these reports? If so what was it?

Although I am no expert in this area, I'm sure someone more knowledgeable than me will be along.

[RobRainford]

Tree owner should foot the bill. There was a precedent set that you are responsible for anything on your property and if if causes damage outside your property then that's your problem too.

 

Simple way to explain: I was playing with a football in the garden and I kicked it over the fence and smashed the neighbours kitchen window. Who pays for the window?

 

 

Sent using Arbtalk Mobile App

[Sylvia]

thanks -

no work was ever recommended -

another TPOd one on the other side of the drive was removed because of Meripilus a while back - I dread finding that fungus on this one - never seen any sign of it.

[daltontrees]

Kent neighbours argue over who should pay for costly tree removal | Mail Online

 

what is the right answer in a case where a tree owned by one neighbour is blown over and damages next door's property?

 

Three different situations being discussed here already, the one in the Mail which involves landlord and tenant law, the company car next door and your own TPO'd tree. Which are you most interested in?

[simonm]

We did a few windblow jobs a couple of weeks ago and 1 insurance company asked me to price a job in 2 halves they would pay what was in the tree owners garden but whatever went over the fence they wouldnt pay for!

[NoRush]

GOD. So I was told the other day when an allotment holder wanted compensation for his flattened raspberry canes when a large oak squashed them. ITS AN ACT OF GOD so sue him

[treequip]

We did a few windblow jobs a couple of weeks ago and 1 insurance company asked me to price a job in 2 halves they would pay what was in the tree owners garden but whatever went over the fence they wouldnt pay for!

 

That's more about what the insurers will pay for than who is liable

 

Your household insurance policy covers you and your property, which is why they wont pay for third party damage or the clear up.

 

Responsibility for that will come down to reasonable foreseeability. If the tree owner ought to have known the tree was a hazard and didn't act they are culpable. Establishing that it the difficult part.

[Sylvia]

Thanks -

I've been reduced to reading my insurance policy - if a fallen tree causes damage to my property the cost of removing the fallen tree is covered - no quibbling in the docs about who owns the tree .......but if there's no damage to my property the cost of tree removal is excluded.

I assume the same goes for neighbours' insurance. So pray any falling tree hits surrounding walls?

My real worry is that it might fall on somebody -we appealed against the TPO because of the position of the tree on a bank above a popular walk - do TPOs take safety/targets into account ?

[swinny]

Id have to weigh the customer up on an emergancy job etc.... and get sonething in writing.

 

Id be round to the person who owns the tree. They should pay no iffs or butts... if thw wont but the neighbour will then ok crack on....

 

I wouldnt want to be the one to loose out!