Damage from neighbouring tree root

improving_my_experian

Does anyone know if our home insurance would consider a claim for our shed/ workshop? The root of the ash tree outside our boundary (just next to it- which is owned by the council) has risen and lifted our shed- warping the floor, walls and roof. 

The council have been out and are returning to make a plan, however they said they will not cover any damage. They said to look at our insurance. 

It has lifted the whole structure, floor and walls, so now there are gaping areas. This must have taken a while but it has only really come to light now that the shape of the shed has changed. 

It is going to be very costly to replace (or repair if it can be saved) as it’s 20ft by 8ft with full power and lighting. 

I’ve read our policy and it is quite vague. It says it covers fallen branches but doesn’t mention roots. One section says it doesn’t cover gradual wear and tear (would this be classed as that as it can’t have happened immediately?) 

I’m scared to call without getting advice first as I’m worried I will say the wrong thing and not be covered based on a technicality of what I’ve said! 

Everything I’ve read suggests that if damage is caused by a tree owned by the local authority, then they/ their insurance is liable for it. However the council have said they won’t cover it. Will the insurance company take it up with their insurance company (like they do with car accidents)?

We are still waiting to find out the plan from the council with regards to them removing the tree. I don’t know if they will enter our property and remove the root (or if they’ll say that’s our responsibility) but to do that, the shed will need to be removed first. 

Advice very grateful received. 

Thank you. 

TELLIT01

You would probably have to prove negligence on the part of the council in order to claim from them.  As you hadn't noticed what you describe as "It has lifted the whole structure, floor and walls, so now there are gaping areas", why would you expect the council to see it?  How do you explain the fact that you hadn't noticed extensive damage like that?

Your first step needs to be to contact your insurer and take it from there.

improving_my_experian

Well you’re right- the council were not negligent. I had noticed that the roof appeared to be bowing over the winter and my husband put it on his list of jobs to do. To be honest we just thought that it needed re-felting, we certainly didn’t realise what had happened so if you’re wanting to blame negligence then absolutely look no further than us however we’re both working full time with two young children (preschool). The area where the floor has lifted is (until our lockdown clear out) where the children’s bouncy castle, disused pushchair; etc has been stored. When we cleared the area (another of our many jobs that we finally got round to), we could see the floor had lifted and the wall behind it had parted and thus investigated. We notified the council right away to see if we could prevent it from getting worse. I’m absolutely not trying to blame anyone, I only wanted advice on insurance. Everything online says that if roots of a tree owned by the local authority cause damage to homeowners buildings then the council’s insurance cover it. Perhaps this is not the case, hence why I was asking. 

Due to the cost involved, I’m obviously hoping that their or our insurance will help put this right but I was wondering what I should say. 

Thank you to the above poster for taking the time to reply. 

MovingForwards

Does your insurance cover the shed / workshop and are they aware of the size / construction of it?

inspectorperez

Most local authorities have a published "Tree Strategy". Where I live this takes the form of a comprehensive 64 page document, with one section devoted to "Tree Related Damage Claims".

It might be worth checking out the equivalent for your own local authority if for no other reason than ensuring what you are being told verbally is consistent with the council's own policy on such matters..

In terms of your own insurance, you need to be satisfied that any disclosures that your own insurer would require with regard to trees, have been made by you either at the inception of the policy or at renewal time.