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?

[Arborowen]

Pretty black and white for me. Sadly for the owner its their bad. Owners and occupiers liability act. HOW EVER in instances when strong winds occur insurance companies would pay for damage. But good luck navigating the intricacies of that! Some companies don't cover "acts of god".

 

If the owner of the failed tree has no property insurance that probably wouldn't count in their favour if it escalated as this sort of shows negligence.

 

I can see how these sorts of rows occur though.

[TGB]

Insurance companies look on windblow, as an act of god and usually won't pay out on such. So perhaps the local church should pay for it.

Edited January 18, 2014 by TGB

[Kenty]

Tree owner but £2500 my arse.

[treequip]

Tree owner but £2500 my arse.

 

That's a lot of money and I don't need one but your best place to sell that would be Canal Street in Manchester:laugh1:

[Stubby]

Tree owner but £2500 my arse.

 

Thats cheap for an arse . Hope its a peach !

[felixthelogchopper]

That's a lot of money and I don't need one but your best place to sell that would be Canal Street in Manchester:laugh1:

 

Sounds like the voice of experience.

[Kenty]

Mines one way traffic.

[treequip]

Sounds like the voice of experience.

 

If its for sale I will find a market for it:laugh1:

[felixthelogchopper]

If its for sale I will find a market for it:laugh1:

 

:lol:

[Arbocop]

2500 wow OK layland have a lot of branch but thats a lot of money.

 

As for who pays, basic legal convention, you are responcible for what you keep on your land.

 

there are defenses and act of god is one,

 

this however is one of htoes cases she should go to the council, Housing `Act if shes a tenent the EHo housing can force certain issues, if its near a highway s154b of the HW act 1980, or failing that s23 misc provs 76.

 

where theres will and knowlege theres a way

 

lol