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?

[thtc]

TPO's seem to change county to county, the restrictions put on on a tree with a TPO can be extensive . The council will also take no liability if the tree goes over even if they have surveyed it. the best bet is to take out an individual insurance policy on the tree

[fagus]

To secure damages it is necessary to prove negligence and loss on part of the part of the other party.That will be difficult if the owner has evidence of regular condition surveys in leaf and dormancy.A prudent TPO tree owner will be expected to know this. If failure results after regular checks something else is at play i.e excessive weather, root damage.

The condition survey of the tree at the time of the TPO is just that i.e its condition at a given date. That is why the Council cannot be held for its condition at a later date,they are not looking after the tree.

Insurance would no doubt be subject to regular inspection and maintenance.

[Jesse]

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.

 

Here lies the correct answer / reply. Otherwise Act of God.

[peatff]

To secure damages it is necessary to prove negligence and loss on part of the part of the other party.

 

This sounds very familiar.

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