Tree liability

Tree liability

Postby nstonea » Fri Aug 12, 2016 9:39 pm

I moved into my circa 1852 house 3 years ago. There is a large oak tree( 3000 mm cir estimated age 200 years old) in the front garden that had been heavily cut back to 6 meters high , I am not sure when this happened. I have now been advised that a neighbours insurance company has been investigating damage to their property 20 meters from the tree , they have requested removal of the tree and for me to pay full cost. They are the only people who have made me aware of damage even though there are two properties closer to the tree. I have also had a survey completed of my house due to re-occurring cracks but have been informed these are not in anyway related to the oak tree.
They also claim I have been informed regarding the danger previously and have taken no action which is incorrect .
What happens if I choose not to have the tree removed.
, will I be liable?? Should I be liable for the full amount of the removal costs? It also seems strange to me that a tree of this age is not protected in some way.
Any thoughts would be welcome as it seems such a shame to cut down a tree that has stood for so long!!
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Re: Tree liability

Postby moz » Mon Aug 15, 2016 3:14 pm

Hi nstonea,

Have you been shown anything by the neighbours insurance company in writing or is this tree removal request just verbal from your neighbour at the moment?
It sounds odd that the Insurance company would specify who pays "full cost"; they may well decide that it's in the neighbours best interests that the tree should come down but why would the insurance company specify who pays, as long as it's not themselves, why would they say such a thing?

Ask for proof, and also ask for proof for the previous time you were informed. It sounds like your neighbour is trying to say that you were previously "Put on Notice" in which case you can be liable for any SUBSEQUENT damage.

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Re: Tree liability

Postby COGGY » Mon Aug 15, 2016 6:52 pm

Ask for details of their Insurance Company,with Policy number, so you can forward this to your Insurance Company. Anyone can say their Insurance Company has said anything. Normally I believe a survey would need to be carried out before any decision from any Insurance Company. Call their bluff. Coggy
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Re: Tree liability

Postby ukmicky » Mon Aug 15, 2016 11:25 pm

This one sounds suspicious.
Advice given is not legally qualified and you are advised to gain a professional opinion
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Re: Tree liability

Postby nstonea » Mon Aug 29, 2016 11:21 pm

Thanks for the advice and sorry for the late response.

Received the information from the neighbours insurance company in writing. They advised and sent through copies of various reports including that they had dug down below the neighbours property and taken a sample which had shown oak roots and therefore suggesting that the oak had caused the damage. They have also advised removal of a mixed hedge at the neighbours property.
Having spoken to another neighbour it sounds like another claim was made by the previous owner of the property several years ago, which is when the tree was cut back.
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Re: Tree liability

Postby mr sheen » Tue Aug 30, 2016 8:34 am

Pass the reports et etc on to your own insurance company who will deal with the other insurance company and decide on liability. If you are found liable, you will have an excess to pay and your insurance company may advise additional actions and your insurance will probably go up.
mr sheen
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