Neighbour has cut down 7 of my trees!

EachPenny

littlerock wrote: »

Remind us again why the Churches insurers are denying liability? It sounds like trespass and criminal damage.

Check your household insurance policy... does it cover you if you go round to your neighbour's and do criminal damage? I would be very surprised if it did.

A general principle of insurance is that it doesn't cover you for things which were in your control. E.g. if you kick a football and it breaks your window then you might be covered (if you have accidental damage cover). If you take a sledge hammer and smash the same window then you won't be covered.

Likewise, if you employ a contractor to 'trim' some trees and the contractor cuts them down completely then it is likely the insurer will refuse liability because it was within your control to correctly instruct and supervise them.

littlerock

then the church surely is liable and the rest is irrelevant to the OP I agree. The church needs to be sued - does OP have cover for suing on their home insurance?

DaftyDuck

Why sue? There may be no need.

The church is liable.

That's it!

littlerock

Has the church agreed to make good the damage? The impression I got was they referred it to their insurer who said they were not liable and that OP should deal direct with church's contractor, which is nonsense. Church seems confused, but willing to take this line as it is what their insurer is advising.

If so, I am suggesting suing church to concentrate their minds on the issue here ,- criminal damage and possibly trespass by their contractor. As it is criminal damage it will probably need a police report. The police will probably try to claim it is a civil matters and not get involved but this is pretty blatant and they would have to if landowners here insist. Ultimately the church is responsible and liable.

robatwork

Just keeping this thread towards the top - sure we all want to know if the Church have seen the light yet, or have dug their heels in, or dug the trees out.

robatwork

Maybe it was the Irish trio, tree fellas.

Just BUMPing this

ireallycantyodel

Don't you just hate it if you never get to hear the end of a story? ..lol

robatwork

Come on LJB - we need to know the outcome prior to midnight mass next week, I am planning a silent hymn to trees fallen this year

Rosemary7391

Given the time of year I'd expect that no update will come now until the new year. They probably should've updated OP on likely timescales, eg if a full reply depends on a board meeting, but not everyone will think to do that. Did OP ask for a reply by any particular date? If not I think it would be okay to ring and ask when they expect they'll get to replying.

ljbnotts

Hi all,

Nothing to really report, still waiting for them to meet as a committee to answer our last and final letter stating what we want the outcome to be. The Church office is now closed until the New Year so still playing the waiting game.

We have asked for the full tree line to be removed, and stumps ground down and a replacement fence. We have suggested this as a compromise in the hope of moving forward quickly.

Thanks for all the interest, I will keep updating until its resolved?! (if its ever resolved?!)

Merry Christmas one and all!

LJB