Neighbours tree fell into my back garden..

seanofdbush

Looking for some advice or guidance...

My neighbour, whose house backs onto mine, has mature trees at the end of his garden. Over the years, I've trimmed them back when they overhung too much into my garden. Both he and his wife usually come out to complain to me and say that I am not allowed to cut the branches on their side of the wall. My answer is always the same - "you're welcome to come around and watch me while I cut them back." They never do. I think that the problem is that when I cut a heavy branch, it springs back maybe a foot or more onto their side so they think I'm "encroaching on their property", as they put it.

Anyway, during last weeks' Storm Doris, one of their trees was damaged and half knocked down, and is now lying halfway into my back garden. It also did some damage to the guttering on my garden shed. I'm wondering what is the legal position here? Are they liable for the dame caused? Should my house insurance cover it? Who's responsible for removing the fallen tree from my back garden?

Any all all advice or guidance much appreciated.

seamus

Unless you can be fairly sure the tree was in such a state that it was likely to fall and cause damage, then the damage to your house is for you to fix and your home insurance will cover it.

Presumably removing the part of the tree which is now on your land will kill the tree, so it's your neighbours' responsibility to have it removed. If you can remove the fallen "part" from your land without actually killing the tree (you'll need a tree doctor for this), then you are entitled to do that.

MarkR

seamus wrote: »

Unless you can be fairly sure the tree was in such a state that it was likely to fall and cause damage, then the damage to your house is for you to fix and your home insurance will cover it.

Presumably removing the part of the tree which is now on your land will kill the tree, so it's your neighbours' responsibility to have it removed. If you can remove the fallen "part" from your land without actually killing the tree (you'll need a tree doctor for this), then you are entitled to do that.

Wouldn't it be the neighbour's house insurance? Why would the home owner have to pay for the damage caused by the neighbour's tree?

seamus

MarkR wrote: »

Wouldn't it be the neighbour's house insurance? Why would the home owner have to pay for the damage caused by the neighbour's tree?

Act of nature. Typically if the tree just falls because it's a bit old and precarious, the landowner's insurance will pay for it because they're at fault for failing to keep an eye on the state of the tree.

If it falls due to extraordinary circumstances, such as a storm or a flood, then it's nobody's fault and the injured party's insurance covers it.

You can combine the two, and if you can prove that it fell during the storm because it was dodgy or dying, then the other person covers it.

Peregrinus

What seamus said. The neighbour is liable if you can show that he was negligent in some way in the care of the tree - e.g. if it was obvious that the tree was rotten or unsound, and was a hazard that needed remedial action. If you have previously complained to him about the precarious state of his tree and asked him to do something about it and he did nothing, you're home and hosed.

But if the tree came down in a heavy storm, hey, trees do that. That doesn't in itself suggest any negligence of want of care. Your insurance will pay, not his, because it's your property that has been damaged, and the whole point of insuring your property is so that you'll be reimbursed if your property is damaged.

His insurance will only pay if he has some liability to you, and "his tree fell over!" isn't enough, on its own, to give rise to liability.

NUTLEY BOY

+1 previous views.

I suggest that you take clear photographs of exactly how the tree limb(s) are now lying and any damage to your property. Do it now before any of the evidence is disturbed.

Take clear close-ups of the damaged parts of the tree including the standing parts especially if there is any evidence of rot in the main tree. Take a few distant shots of the overall situation for context. I suggest this as it not beyond the brass neck of some people to say that your trimming operations have caused the problem :rolleyes: Take your pictures in such a way as to make it clear to a complete stranger what the exact story is photographically.

Incidentally, if the trespassing limb is detached from the tree you are entitled to return it over the wall to the place from whence it came - having photographed it first.

infogiver

Sorry if I'm hijacking this thread. Mods please delete if I am.
Mod. Query deleted. seeking legal advice