Next door neighbour tree fall into my garden

Dodgysailor

Hi not sure this is the right forum...
After this last past storm a big tree from my neighbour fall into my garden which lucky enough has not killed anyone. The issue now is the removal of the tree. Neighbour says it is my responsibility because the tree is in my garden and I should claim through my insurance. It looks a bit cheeky to me, is he right?

The_Unready

I think I'd be telling him to do one! Cheeky sod!

DullGreyGuy

It's his property, even if it's on your land. He can give it to you if you want but you dont have to accept it and can require him to take it off your property. 

Depending on the size of the tree and ease of access to it you may find there are people willing to remove it for free. 

Repair of the fences/wall will depend who's responsible for that side. 

Brie

It seems the legal answer is "it depends".  

If the neighbour was aware of weaknesses in the tree then it's the neighbour's responsibility.  If there were no weaknesses then clean up is a joint effort.

Here's some waffling about a previous storm.....

Who is Liable for Fallen Trees on Land? | Jacksons Law

Who bears liability is a matter of fact and degree and does depend on individual circumstances, particularly the health of the trees which have fallen.

Nobody would be held responsible for damage caused by Storm Arwen if the storm caused perfectly healthy trees to fall. In this situation, it would be for yourselves and your neighbour to come to an arrangement to get the trees cleared and/or repair any damage caused.

The exception to this in principle is if your neighbour, as the owner of the trees, knew or should have known that the trees were rotting, diseased or decaying. In these circumstances, your neighbour could be considered negligent for not removing the trees despite obvious risks posed, even if the trees fell during Storm Arwen.

In addition, you could potentially argue that the trees which have fallen on your land constitute a private nuisance and as such, your neighbour as legal owner, should be liable to remove the nuisance caused by the presence of the trees.

marcia_

 He is cheeky but can't see him budging if thats his attitude. When you manage to get it cut up i would be dumping it straight back on his lawn 

MSE_ForumTeam5

We've moved this thread to a more relevant part of the forum

Brie

marcia_ said:

 He is cheeky but can't see him budging if thats his attitude. When you manage to get it cut up i would be dumping it straight back on his lawn 

Or on his drive so that he can't get in/out.

Also - have a look at the tree and see if there's a likely reason (rot etc) for it falling other than the wind.  Take pictures and pop those to your insurance company who will then be looking to his insurance to pay for the clean up.

Grumpy_chap

Dodgysailor said:

Hi not sure this is the right forum...
After this last past storm a big tree from my neighbour fall into my garden which lucky enough has not killed anyone. The issue now is the removal of the tree. Neighbour says it is my responsibility because the tree is in my garden and I should claim through my insurance. It looks a bit cheeky to me, is he right?

I think it is probably the neighbour's to remove but, is this just a case of getting rid of the tree?
You mention it did not kill anyone, but is there any damage to anything?
If it is just a case of getting rid of the tree, I would probably just be pragmatic and cut a bit off each time I had an opportunity until the tree is gone.
Or pop a note on a local FB group to see if anyone wants the tree for a fire pit in return for cutting off and taking what they want.

400ixl

He is unfortunately mainly correct. Unless you can prove negligence you don't have a claim against your neighbour.

You are responsible for any damage / cleanup to your own property.

As has been mentioned, advertising free wood if they cut it up and remove it often works.

eddddy

Brie said:

Take pictures and pop those to your insurance company who will then be looking to his insurance to pay for the clean up.

Garden fences are often excluded from storm cover. 

So unless something else was damaged (that is covered) and you're pretty sure you want to make a claim, it's often better not to contact your insurers.

If you do contact them, it's likely to be recorded as 'an incident which didn't result in a claim' - which might increase future premiums, and might have to be declared if you want to change insurers.

Dodgysailor

Thanks for al your views, much appreciated. I think I will have to get rid of it myself eventually...