Branch of neighbour's tree has fallen onto my Garden shed

TELLIT01

Storm damage generally comes down to the 'damaged' part to sort out unless negligence can be proven. For example if the tree was known to be rotten and the owner did nothing.

Grumpy_chap

punchdrunked said:

The tree branch is approximately 20 metres in length and is divided into three parts. 3 of the branches are resting on my shed - the roof is broken. As it is, it'll be dangerous, so I need to sort it out one way or the other.

Given the issues I've had with my insurance company regarding a leak under suspended flooring, I am loathed to approach them again for fear of another argument around what is damage, not damage, nonsense, so I'm hoping that me and the neighbour can work something out. If not, I'll have to fire up my chainsaw and brave it, or get an arborist out to advise me.

OK, so the shed roof is broken.  How old is the shed and how large is it?
A regular shed from a DIY chain is often not a great deal more cost than the £400 excess you mentioned.  It really may not be worth involving the insurance.  Unless your shed is something more special (summer house?) and brand new, it might be just easier and better to suffer the cost of the new shed - you are also then getting betterment as the new shed will be, well, new, unlike the old shed.

If the branch has fallen from the tree, why are you considering an arborist?
That is just a cost that serves no value.

Unless I am missing some detail in the thread, this seems to be looking for a problem where there is none to find, rather mountain-molehill style.

TELLIT01

I would say there is definitely a problem, in the shape of a 20 metre long branch.  Unless it's a long thin branch, chopping lumps off it could affect the balance and it could go anywhere and do damage to people (the one wielding the chain saw).

huckster

20 meter long tree branch. I would be calling the Guiness Book of Records, as that might be the longest tree branch ever found.

I think the OP meant 20 feet long.

A storm in NE London last night ? I don't believe the winds were storm force as that is winds of 55mph or more. 

Sounds like your neighbours tree has rotted away with disease.

I would speak to neighbour about their trees and your shed.

I don't think this is a situation to claim on Insurance, even if claimable. Excess plus increase in premiums over several years could be very expensive.

punchdrunked

TELLIT01 said:

I would say there is definitely a problem, in the shape of a 20 metre long branch.  Unless it's a long thin branch, chopping lumps off it could affect the balance and it could go anywhere and do damage to people (the one wielding the chain saw).

I hadn't thought of this, especially the energy stored in that branch and the damage that it can inflict once disturbed. And no, they're not long thin branches, plus the larger thicker branch is suspended in the air (I'm not sure what it is pivoting on). The squirrels have already found a way to make use of the "new" contraption.

The joys of owning a home. We've lived here for 10 years and never had a problem - in the last few months a water leak in the central heating piping routed under suspended flooring, a Thames water leak on our driveway (600 litres a day) and now this. The song "cry me a river" would be apt.

I'll have a word with the neighbour, but I think he ought to get that tree looked at. 

luci

I've just had an email from my insurance provider about preparing for storms. They say the following is normally covered, but you would need to check your policy wording.

Damage caused by storm.

Damage caused by falling trees or branches.

Damage caused by falling TV aerials, radio aerials, or satellite dishes.

punchdrunked

Thanks Luci, I've decided that I'm going to approach my insurers as it is a lot more serious than I originally thought.

The tree has actually fallen down, part of which is resting on my garden shed (roof damaged as a result) but the other part of the tree is resting on a tree, a preserved tree, that's on my side of the boundary. So the whole tree can fall at any time. It needs urgent attention.

I've tried my neighbour, he's in, but hasn't responded. I'll post a letter through his door and see what happens.

huckster

As part of the claim process, your Insurance company may contact the neighbour, if they believe the neighbour could been liable. E.g. the trees have not been maintained.

Also in regard to local environment standards and trees with preservation orders, I wonder if the neighbour should be aware of any responsibilities in regard to the trees that are in their garden.

MyRealNameToo

punchdrunked said:

This is the policy wording:

Falling trees and branches:
Exclusions:

• Damage to hedges, gates or fences. 
• Damage caused during tree maintenance. 
• The cost of removing fallen trees or branches that have not caused damage to the buildings.
• The cost of removing any part of a tree that is still below ground, or restoring the site.
• Loss of or damage to the trees and branches.

To my lay mind, the shed should be covered and the cost associated with removing the tree. My excess is £400 and the tree is over 100m from the main property.

What's the definition of a building in your policy book? 

A lot will come down to if the shed falls within the definition of a building or not else you are likely to have issues. 

Is falling trees a specified peril in its own right? Will be slightly easier if it is else you are then going to have questions on if its Storm damage and what the definition of storm is, or if its Accidental Damage and if you have that coverage or not. 

TELLIT01

I'm wondering if the distance of the tree and shed from the main property would have any bearing on a claim.  I don't know the answer.