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TPO questions

2

Comments

  • Lulu58
    Lulu58 Posts: 332 Forumite
    Part of the Furniture 100 Posts Name Dropper
    doodling said:
    Hi,

    Your neighbour is only liable for anything if he is negligent.  Owning a big tree is not being negligent, nor is owning a big tree which has previously shed some large branches, although in that case it might be negligent to not have the tree inspected by a tree surgeon afterwards to confirm that no further large falls are expected.

    Negligence would be ignoring a large crack in a significantly sized bough or ignoring the tree becoming diseased and dying.

    In general, whilst it is difficult to speculate without more detail, if the owner had a tree surgeon look at it every 1-5 years (depending on the likelihood that its health has changed since its last inspection) and promptly got the tree attended to if it showed signs of distress then they are unlikely to have any responsibility if it subsequently killed someone or damaged their property.

    Note that if they are not negligent then their insurers will not pay out.  The same principle would apply if someone drove into the side of your house because their car was damaged when it was struck by lightening.  Everyone is at risk from the unpredictable and the only answer is to have your own insurance, if it is not the other party's fault then their insurance won't pay up.
    Thanks, doodling. It's a good point about risk from the unpredictable. 
  • Brie
    Brie Posts: 16,375 Ambassador
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    What always concerns me is that building insurance seems to have a question about large trees in the proximity to one's property.  And it's always something about "is there a tree at least 100 feet tall within X distance to the property or to the house".  Now I have no way of know how tall a tree is.  There's a humongous one in front of our neighbour's place and I'd hate to be on the pavement if one of the branches dropped.  I'm not even sure I'd want to be upstairs in our house - depending on whether it came in our direction.  But are we covered by our insurance??  I'm not sure.  
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  • user1977
    user1977 Posts: 19,207 Forumite
    10,000 Posts Seventh Anniversary Photogenic Name Dropper
    Brie said:

    But are we covered by our insurance??  I'm not sure.  
    Well, what questions did your insurers actually ask you, and what were your answers?
  • Slithery
    Slithery Posts: 6,046 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper Photogenic
    edited 15 November 2021 at 6:12PM
    Brie said:
    Now I have no way of know how tall a tree is.
    If you have a cheap laser measure and a protractor then it's just basic trigonometry...
  • Slithery
    Slithery Posts: 6,046 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper Photogenic
    edited 15 November 2021 at 7:50PM
    Do people not remember SOHCAHTOA? Or is that now too difficult...
  • Bloody hell, that's a blast from the past!
    You have the same number of hours in the day as Einstein had. Use them.
  • GDB2222
    GDB2222 Posts: 26,832 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    edited 15 November 2021 at 11:26PM
    You can do that without even understanding trigonometry. You just make a scale drawing using a protractor. 

    No reliance should be placed on the above! Absolutely none, do you hear?
  • Lulu58
    Lulu58 Posts: 332 Forumite
    Part of the Furniture 100 Posts Name Dropper
    Brie said:
    There's a humongous one in front of our neighbour's place and I'd hate to be on the pavement if one of the branches dropped.  I'm not even sure I'd want to be upstairs in our house - depending on whether it came in our direction.  But are we covered by our insurance??  I'm not sure.  
    Same here re the size of this tree. 

    Interesting question about our insurance.  I can't remember if we were asked about trees.  I'll have to go and check the policy now!
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