We'd like to remind Forumites to please avoid political debate on the Forum. This is to keep it a safe and useful space for MoneySaving discussions. Threads that are - or become - political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.

Storm damage - tree from neighbouring land

I and my neighbours back into a secondary school which has a row of mature horse chestnut trees on it.

Overnight, a very large branch has come down. Some of it is in my neighbour's garden, and some it is on my shed and in my garden.

I suspect that the trees have not recently been checked for safety, as this tree had a crack in the trunk near (albeit not at) the point of the split.

I haven't yet checked my insurance or spoken to my neighbour, but I'd be grateful for any thoughts about whether the school has any liability for:

A) chopping up the branch
B) removing it
C) paying for any repairs to property such as the shed, its contents, or the fence it is also resting on.

Many thanks 

Comments

  • DullGreyGuy
    DullGreyGuy Posts: 13,002 Forumite
    Second Anniversary 10,000 Posts Name Dropper
    You'd have to either 1) establish they were negligent (ie an average person would have realised there was an issue with the tree and had not taken any action to deal with it) or 2) that they have a legal obligation to inspect the tree every X months/years and had failed to do so. 

    In the vast majority of cases like this there is no negligence and it's an "act of god" with each party having to carry their own losses. 
  • Yorkie1
    Yorkie1 Posts: 11,636 Forumite
    Combo Breaker First Post First Anniversary Name Dropper
    Thought that might be the case - thanks for taking the trouble to reply.

    Off to have a word with the neighbour to see if we can share the work ...
  • RAS
    RAS Posts: 33,493 Forumite
    First Anniversary Name Dropper 10 Posts
    Don't ask, don't get. At least speak to the school.
    The person who has not made a mistake, has made nothing
  • Eldi_Dos
    Eldi_Dos Posts: 1,870 Forumite
    Fourth Anniversary 1,000 Posts Name Dropper
    If someone nearby has a woodburner they might be willing to do the clear up in return for the logs
  • Yorkie1
    Yorkie1 Posts: 11,636 Forumite
    Combo Breaker First Post First Anniversary Name Dropper
    Thanks all. My neighbour has spoken to the school, who seem willing to assist. Tree surgeon is apparently coming tomorrow - I had thought of people with log burners, but the branch is huge, perhaps over 0.5m in diameter.

    Definitely a job for someone with professional gear in places, at least!
  • Determining liability for the fallen branch involves complex factors. Property owners typically handle debris removal on their land. Liability for repairs to property may depend on whether the school was negligent in maintaining the trees. Document the damage with clear photographs and check insurance policies for coverage. Consult legal professionals for specific advice tailored to your situation and consider notifying the school about the incident. There are also professional plumbers like at Will's plumbing that could help you get out of this muddy situation.
Meet your Ambassadors

Categories

  • All Categories
  • 345.8K Banking & Borrowing
  • 251K Reduce Debt & Boost Income
  • 451K Spending & Discounts
  • 237.9K Work, Benefits & Business
  • 612.7K Mortgages, Homes & Bills
  • 174.3K Life & Family
  • 251K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16K Discuss & Feedback
  • 15.1K Coronavirus Support Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.