Falling trees

Peter1988

Hello,

I wasn't quite sure the appropriate place to post this, but with the recent storms and high winds I've noticed a conifer tree which is in a neighbours garden is making a cracking/creaking noise as if it's about to reach tipping point.

It's at the back of their garden, but if it were to fall it would most likely fall in our direction which would mean it going through our fence, on top of our cars and potentially on to our house or worst case scenario through our roof etc if it were strong enough.

Where do I stand in trying to make sure the tree is safe? Is it something they are responsible for or if it were to fall would it be considered my problem as it was mother nature and it would only really affect us and not the neighbours.

My biggest concern above all is that it falls on top of our house and were to land above my daughters room.

Thanks for your advice

Chunks

I would establish if the tree is actually the source of the sound. It could be your fence has blown on to their tree (for example causing the sound you can now hear).

If you can clearly establish that the tree is somehow unsafe or 'compromised' in some way e.g. big split in the trunk, a polite word with the neighbour would be the next step since they would be liable if the tree were to fall and cause damage.

Peter1988

Chunks wrote: »

I would establish if the tree is actually the source of the sound. It could be your fence has blown on to their tree (for example causing the sound you can now hear).

If you can clearly establish that the tree is somehow unsafe or 'compromised' in some way e.g. big split in the trunk, a polite word with the neighbour would be the next step since they would be liable if the tree were to fall and cause damage.

Thank you. I leave for work in the dark and get home in the dark so will need to ask them to have a look or wait until the weekend.

cyclonebri1

Check this out;

If it falls and damages your home and car you will have to claim off your own car and home insurance.

But if you tell the neighbours by recorded letter and then it falls, it is negligence.

Get a letter off.

Have to say that this is advice I received from my insurance people, the neighbours, and my solicitor, when roof tiles damaged an uninsured car in my drive.

yangptangkipperbang

cyclonebri1 wrote: »

If it falls and damages your home and car you will have to claim off your own car and home insurance.

.......but the stupid thing is that if you tell your insurance company that you think the tree is about to fall onto your property, they won't do anything until it does !

Biggles

If the tree does actually appear to be dangerous, you can report it to the local council, who can, if necessary, serve a notice on the owner to make it safe.

cyclonebri1

yangptangkipperbang wrote: »

.......but the stupid thing is that if you tell your insurance company that you think the tree is about to fall onto your property, they won't do anything until it does !

Well, no, they can't and to be honest I wouldn't expect them to. Sometime you really do have to protect yourself which is really what the thread is all about;)

The point is that the position shifts if you register the warning with the neighbour, they fail to act, and then it falls.

Solicitor also said no need for them to send a letter, simply write it precisely and send it recorded yourself keeping an exact copy.

cyclonebri1

Biggles wrote: »

If the tree does actually appear to be dangerous, you can report it to the local council, who can, if necessary, serve a notice on the owner to make it safe.

Agreed, but as always not wanting the neighbours 1st alert to the problem being a letter from the council, a quick word followed by your own back up letter would be my 1st recourse.

Wars over the garden fence have kicked off for less.:D

Nile

Hi, we move threads if we think they’ll get more help elsewhere (please read the forum rule) so this post/thread has been moved to another board. If you have any questions about this policy please email [EMAIL="forumteam@moneysavingexpert.com"]forumteam@moneysavingexpert.com[/EMAIL].

Stonker

A tree that (I think) was growing on our property has fallen and is half way down partially blocking the road. I've had a quick scan around on the internet and it would appear to be an 'Act Of God' and therefore I cannot be held responsible (unless it can be established that I was negligent). However, as the tree is now half over, somebody could come up the lane too fast and hit it or it could fall further while a car is attempting to drive under it. Should I call the police and let them know?

lostinrates

Stonker wrote: »

A tree that (I think) was growing on our property has fallen and is half way down partially blocking the road. I've had a quick scan around on the internet and it would appear to be an 'Act Of God' and therefore I cannot be held responsible (unless it can be established that I was negligent). However, as the tree is now half over, somebody could come up the lane too fast and hit it or it could fall further while a car is attempting to drive under it. Should I call the police and let them know?

Yes, but not on 999.

You also might have a 24 highways line for your council? Worth checking. .