Tree Damage And Liability

Summary

Liability for a fallen tree depends on negligence and tree health. If the tree was healthy and fell due to a storm, the neighbor might not be liable. If the tree was unhealthy and warnings were ignored, the neighbor could be liable. Check your home insurance for debris removal coverage and storm damage inclusion. Discuss removal costs with your neighbor, as they might share expenses. Consult a local solicitor for specific legal advice if needed.

Full Conversation

I have home insurance but not garden insurance.
It sounds like you might have a case to claim for the removal cost through your home insurance, but you'll need to check the specifics of your policy. Here are some steps you could take:
- Review your policy for "debris removal" coverage.
- Confirm if storm damage is covered.
- Check if there are exclusions for trees from neighboring properties.
If you need further assistance, it might be helpful to contact your insurance provider directly.
Who is legally liable - me or the neighbour?
In England, if a neighbour's tree falls onto your property, liability generally depends on whether the neighbour acted negligently. Here are some key points:
- If the tree was healthy and fell due to a storm, the neighbour might not be liable.
- If the tree was unhealthy and the neighbour ignored warnings, they could be liable.
- You might be responsible for removal if the tree is in your garden and causes no damage.
You should contact your insurance provider for guidance on coverage and potential claims.
The tree is half in my garden and half next door. Although bent, it is still in one piece.
Case Rating: *
In situations like this, liability often depends on factors such as the tree's health and whether there was any negligence involved. You may want to:
- Discuss the issue amicably with your neighbor.
- If needed, consult with a local solicitor to explore any potential claims.
Do you have any further questions about this matter?
Yes. The removal of the tree would necessitate work done next mostly door. Does that affect liability?
Case Rating: *
In your situation, the need for work on your neighbor's property doesn't necessarily affect liability unless negligence is involved. Here's what you should consider:
- If the tree was healthy and fell due to natural causes, your neighbor might not be liable.
- Discuss removal costs with your neighbor, as they might be willing to share expenses.
If you have more questions or need legal advice, consulting a local solicitor could be helpful.
I could just keep the tree and she could keep the broken fence!
Case Rating: *
It seems you've discussed various aspects of your situation, and you're considering options regarding the tree and fence. While negotiating with your neighbor might be an effective approach, here are some considerations:
- Discuss the possibility of sharing removal costs with your neighbor.
- Consider if any local council regulations apply to tree maintenance.
If you have further questions or need specific legal advice, consulting a local solicitor could be beneficial.