TREE DOWN

TREE DOWN

Postby spuds » Thu Feb 13, 2014 8:30 pm

hi all
a tree on a farmers land next to our allotment has come down and crushed a couple of sheds
can they claim on the insurance of the farmer for a new shed and the damage to there fence
spuds
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Re: TREE DOWN

Postby Treeman » Thu Feb 13, 2014 10:01 pm

spuds wrote:hi all
a tree on a farmers land next to our allotment has come down and crushed a couple of sheds
can they claim on the insurance of the farmer for a new shed and the damage to there fence
spuds


Only the policy holder can make a claim on the policy
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Re: TREE DOWN

Postby spuds » Fri Feb 14, 2014 9:08 pm

THANK YOU TREE MAN
if the farmer will not pass on claim to his insurance co what else can be done please anyone know ?
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Re: TREE DOWN

Postby ukmicky » Fri Feb 14, 2014 9:58 pm

spuds wrote:THANK YOU TREE MAN
if the farmer will not pass on claim to his insurance co what else can be done please anyone know ?

Claim on your insurance because he is not liable for an act of nature.
Advice given is not legally qualified and you are advised to gain a professional opinion
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Re: TREE DOWN

Postby Treeman » Fri Feb 14, 2014 11:10 pm

ukmicky wrote:
spuds wrote:THANK YOU TREE MAN
if the farmer will not pass on claim to his insurance co what else can be done please anyone know ?

Claim on your insurance because he is not liable for an act of nature.



If its an act of nature and not reasonably foreseeable
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Re: TREE DOWN

Postby Treeman » Fri Feb 14, 2014 11:39 pm

spuds wrote:THANK YOU TREE MAN
if the farmer will not pass on claim to his insurance co what else can be done please anyone know ?



If the tree was healthy on sound then there isn't a lot you can do except claim on your own insurance, if the tree was decayed and the failure was reasonably foreseeable you can tell the farmer you intend to recover any costs through the courts. If he has a policy that will prompt him to dust it off
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Re: TREE DOWN

Postby ukmicky » Sat Feb 15, 2014 12:17 am

Treeman wrote:
spuds wrote:THANK YOU TREE MAN
if the farmer will not pass on claim to his insurance co what else can be done please anyone know ?



If the tree was healthy on sound then there isn't a lot you can do except claim on your own insurance, if the tree was decayed and the failure was reasonably foreseeable you can tell the farmer you intend to recover any costs through the courts. If he has a policy that will prompt him to dust it off

With the weather and wind we have got at the moment the chances are we are talking about an act of nature
Advice given is not legally qualified and you are advised to gain a professional opinion
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Re: TREE DOWN

Postby Treeman » Sat Feb 15, 2014 12:50 am

ukmicky wrote:
Treeman wrote:
spuds wrote:THANK YOU TREE MAN
if the farmer will not pass on claim to his insurance co what else can be done please anyone know ?



If the tree was healthy on sound then there isn't a lot you can do except claim on your own insurance, if the tree was decayed and the failure was reasonably foreseeable you can tell the farmer you intend to recover any costs through the courts. If he has a policy that will prompt him to dust it off

With the weather and wind we have got at the moment the chances are we are talking about an act of nature


Nope, trust me, I do this for a living.

It takes an exceptional event to cause a sound tree to fail.

Here is how it works, the pathogen goes about its business digesting the tree, producing spores and generally fulfilling its biological imperatives. In doing this it weakens the tree over time, often quite a lot of it until the tree cant resist wind load outside the normal range. Just because it came down when it was windy doesn't mean it wasn't knackered. Take you cars brakes as an example, they will eventually wear out and fail, an annual inspection makes sure you don't miss the onset of wear.

Trees don't usually blow over in one piece, they have evolved to fail incrementally so that even if the stem is stripped of branches it still has some height to give it an advantage in re growth.

Todays job was a 70 foot tree that was badly decayed internally with the external presence of fruiting bodies. The fungus involved was a particularly efficient decay pathogen and its presence always means fell without delay.

The tree took out a couple of cars and destroyed a good chunk of the house. The tree owner has never had the trees looked at and that is a dereliction of their duty of care.

The loss adjuster has taken expert advice and is advising his company to recover costs.
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Re: TREE DOWN

Postby ukmicky » Sat Feb 15, 2014 12:50 am

I've seen a few trees over the last two weeks one on clapham common and the other on mitcham common where they have been basically uprooted. The one by the golf course at mitcham common came down over the road and was put down to the strength of the wind and due to the ground being saturated with water.

I do not know who the land owner was for the tree you're working on now but liability wise the courts have already said that a normal householders duty of care is different to that of say someone like a council . All we have to do according to the courts is walk past it and look occasionally at it to see if anything is visually amiss.
Last edited by ukmicky on Sat Feb 15, 2014 1:01 am, edited 1 time in total.
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Re: TREE DOWN

Postby Treeman » Sat Feb 15, 2014 12:53 am

ukmicky wrote:
I reckon a few trees woth topple tonight.

Must be a lot of work for you at the moment treeman


A lot of the "new" work is assessing the mechanics of the failure. A lot of insurers are under financial pressure to recover costs where possible otherwise there wont be any cash to buy Bollinger for the shareholders meeting. :D
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Re: TREE DOWN

Postby ukmicky » Sat Feb 15, 2014 1:03 am

Treeman wrote:
ukmicky wrote:
I reckon a few trees woth topple tonight.

Must be a lot of work for you at the moment treeman


A lot of the "new" work is assessing the mechanics of the failure. A lot of insurers are under financial pressure to recover costs where possible otherwise there wont be any cash to buy Bollinger for the shareholders meeting. :D


Sorry Treeman i edited that last post while you were posting , didnt expect a reply this time of night . :D

Damn i feel bad now ,Sorry
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Re: TREE DOWN

Postby spuds » Sat Feb 15, 2014 9:47 am

thank you every one I will pass on the not so good news, I know the shed owners have no insurance :cry:
who is responsible for the removal of the tree, the tree owner? or allotment association? or the person that rents the plot who's shed has been crushed #
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Re: TREE DOWN

Postby Treeman » Sat Feb 15, 2014 10:08 am

ukmicky wrote:I've seen a few trees over the last two weeks one on clapham common and the other on mitcham common where they have been basically uprooted. The one by the golf course at mitcham common came down over the road and was put down to the strength of the wind and due to the ground being saturated with water.

I do not know who the land owner was for the tree you're working on now but liability wise the courts have already said that a normal householders duty of care is different to that of say someone like a council . All we have to do according to the courts is walk past it and look occasionally at it to see if anything is visually amiss.



Yes, I am aware of that but in this case the tree had an obvious perennial fruiting body.

Insurers are well aware of the "degree" of duty the courts attribute but its not like the courts have decided that joe public has a lower threshold, rather they hold those organisations that are in charge of trees to a higher standard.
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Re: TREE DOWN

Postby celestina » Sat Feb 15, 2014 3:15 pm

spuds wrote:who is responsible for the removal of the tree, the tree owner? or allotment association? or the person that rents the plot who's shed has been crushed #


Interesting - who would be responsible?

If it's the tree owner, would s/he need permission to access the land to remove the tree? Likewise, would the association/plot renter need permission from the farmer (owner) to remove it?
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Re: TREE DOWN

Postby spuds » Tue Feb 18, 2014 4:35 pm

Hi All
just letting you all know that the farmer is removing the tree as I type , its just what happens now about the sheds
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