Advice re insuring against tree damage

helenajosephine

I’m not sure if I’m posting in the right category, but I’m trying to get some advice on an issue with a tree at the end of my garden. I have been in my house for 20 years, and the back of my property has a bank that I have never considered to be part of it. A beautiful lime tree sits at the top of the bank and I have believed it to be beyond my property’s boundary, and as it isn’t within 20 metres of the house, I have never declared it for house insurance purposes.

Around 12 years ago, some dead branches were dropping off the tree onto the lane adjacent to the bank, so I contacted our council highways dept with concerns for the safety of users of the lane, and they sent a team of tree surgeons to deal make the tree safe. 

I recently contacted the council in relation to another safety issue related to this tree, but they are now insisting that the tree is not their responsibility. They state that the bank it sits on is not council property. 

The deeds/ land registry of the property from when I bought it indicate that the boundary ends at the top of the bank, but as the council say the bank isn’t theirs, it seems that the tree is effectively in ‘no man’s land’!!!

I’m now really worried that, if there is public damage in the lane behind my property related to this tree, then I will be deemed liable. The council insist that if I want to dispute their decision I will have to go through a legal route, which I can’t afford to do. 

I’m guessing therefore that my only other option is to try to find insurance that will cover it, but a) I’m sure that will involve me paying for maintenance on it, which again will be expensive, and b) the bank it’s on has never been part of my property, so it feels as though the council are just trying to absolve their responsibility. 

I would be grateful for any advice / suggestions of where I go from here (other than move, which I’m seriously considering) 

user1977

Have you not carried out any research into who owns the land, other than ask the council? I'm not sure why you're worried about being deemed liable for it if you're sure it isn't on your property.

helenajosephine

user1977 said:

Have you not carried out any research into who owns the land, other than ask the council? I'm not sure why you're worried about being deemed liable for it if you're sure it isn't on your property.

Thanks for responding. 

Yes, I have obtained land registry docs, and consulted with a chartered surveyor. The issue is that the land ownership isn’t very clear. The land registry shows the bank shaded blue from where it slopes to where it meets the lane, but there is no explanation for why that is. 

The council insist that the trunk of the tree is within my boundary, but even if it is, this is a result of 20 years of it widening, so suggest that a tree can be deemed on my property because of it growing! 

DullGreyGuy

You could go through the process of getting the exact boundary of your property determined https://www.gov.uk/your-property-boundaries/apply-exact-boundary-determined which would clarify if the tree is on your property or not. 

Your Buildings Insurance will have a third party liability cover included as the land owner; were such a claim be made against you then you could raise the lack of clarity of your boundary and they'd consider if they can challenge the fact that the tree is yours. 

helenajosephine

Your Buildings Insurance will have a third party liability cover included as the land owner; were such a claim be made against you then you could raise the lack of clarity of your boundary and they'd consider if they can challenge the fact that the tree is yours. 

Thanks for this info. The insurance question was my reason for posting. I need to speak with my home insurance company because I’ve never answered ‘yes’ to the question re ‘trees near my property’, mainly because this one isn’t within the stipulated distance of my house to warrant a problem and, until now I have assumed that the council accepted responsibility seeing as they made it safe at my instigation 12 years ago. 

XRS200

What is the precise question asked about trees?

helenajosephine

XRS200 said:

What is the precise question asked about trees?

It was more about my concern for how I protect myself against any liability should a tree that I don’t think originated from my property, but the council deems otherwise, cause any damage to a third party. Sorry, my original post was a bit longwinded but I had just received the ‘sod off’ email from the council after months of back & forth! So I was very frustrated & very worried. 

XRS200

What question did the insurers ask about trees near your property?

user1977

helenajosephine said:

XRS200 said:

What is the precise question asked about trees?

It was more about my concern for how I protect myself against any liability should a tree that I don’t think originated from my property, but the council deems otherwise, cause any damage to a third party. Sorry, my original post was a bit longwinded but I had just received the ‘sod off’ email from the council after months of back & forth! So I was very frustrated & very worried. 

You're not liable if you're not the owner. So that's the first thing to check. Who owns the land beyond your boundary (wherever it is)? Have you checked whether there is a registered title?

helenajosephine

XRS200 said:

What question did the insurers ask about trees near your property?

They usually ask if there are trees within 20m of the buildings being insured, presumably to understand any danger of damage either by a falling tree or subsidence. The position of the tree means it has never been relevant in either case. 

helenajosephine

user1977 

You're not liable if you're not the owner. So that's the first thing to check. Who owns the land beyond your boundary (wherever it is)? Have you checked whether there is a registered title?

I have tried all the publicly available searches. The land registry (2 sets of docs @£20), a detailed OS map and had help from a surveyor friend. From the top of the bank down to the lane behind us has never been indicated as part of my boundary, however on one of the land registry plans it is shaded blue, but I am unable to determine what that means, and the surveyor doesn’t know. 

The council insist that their responsibility starts where the lane does, and that because the trunk of the tree has widened to the extent that it broke through the boundary fence at some point, it is deemed to be on my property.