Claim for Garden wall
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1) If you can demonstrate that you've advised your neighbour that their tree roots are likely to cause damage to your property, a recovery may be possible. Insurers would look at when they were notified and if they had acted reasonably. A potential defendant will be negligent by falling below the standards of the ordinary reasonable person in his/her situation, ie by doing something which the reasonable man would not do or failing to do something which the reasonable man would do.
2) Read your policy! Some policy specifically exclude damage to boundary walls due to tree roots. You need to consider under which peril you will submit your claim. It is not enough to just have property damage (unless you have an all risks policy and the damage is no specifically excluded). You need to be able to demonstrate that your claim falls within one of the perils set out by your policy. If one of the standard perils do not apply and it is not exclude under any of them, look under accidental damage to buildings (if you have it). But note that accidental damage is often described as sudden and unforseen. Some insurers may argue that this would be excluded under the gradually operating cause (normally a general exclusion).
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Chickenlips wrote: »1) If you can demonstrate that you've advised your neighbour that their tree roots are likely to cause damage to your property, a recovery may be possible. Insurers would look at when they were notified and if they had acted reasonably. A potential defendant will be negligent by falling below the standards of the ordinary reasonable person in his/her situation, ie by doing something which the reasonable man would not do or failing to do something which the reasonable man would do.
2) Read your policy! Some policy specifically exclude damage to boundary walls due to tree roots. You need to consider under which peril you will submit your claim. It is not enough to just have property damage (unless you have an all risks policy and the damage is no specifically excluded). You need to be able to demonstrate that your claim falls within one of the perils set out by your policy. If one of the standard perils do not apply and it is not exclude under any of them, look under accidental damage to buildings (if you have it). But note that accidental damage is often described as sudden and unforseen. Some insurers may argue that this would be excluded under the gradually operating cause (normally a general exclusion).
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Yes they were advised several years ago and replaced the top course as a matter of "oh if i have too"" as she already had builders in renovating the place ready to let it out.
Havent seen them since so just left it..asked various tenants for the owners details but never got anywhere,hence now written a letter.0 -
I was in a similar situation many years ago, and submitted a claim to my insurers who dealt with the neighbour's insurance company. I didn't have to pay any excess so presumably they had to pay it - oh, and the tree had to be dealt with! My insurance premium didn't go up the next year so I can only assume the other insurers bore the whole cost.0
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Unless any of it is in writing (and even then I am dubious due to timescales) it's unlikely the recovery would be successful.
Do check your policy to see if there is cover.
Any payments made outside of policy cover are called ex gratis payment.
It may be assume that an insurer would cover a claim even if excluded by the policy as they can get their month back.
Sadly, even if you had a watertight case against your neighbour, insurers cannot recover ex gratia payments from a third party. The reason for this is that they were not under any liability to pay the funds in the first place. They can only recover costs they were required to pay under the policy.0 -
Chickenlips wrote: »Unless any of it is in writing (and even then I am dubious due to timescales) it's unlikely the recovery would be successful.
Do check your policy to see if there is cover.
Any payments made outside of policy cover are called ex gratis payment.
It may be assume that an insurer would cover a claim even if excluded by the policy as they can get their month back.
Sadly, even if you had a watertight case against your neighbour, insurers cannot recover ex gratia payments from a third party. The reason for this is that they were not under any liability to pay the funds in the first place. They can only recover costs they were required to pay under the policy.
Thought id give an update...wrote a very polite letter and photo to neighbour (Buy to let so not there very often/ever it seems) of the Tree and the root along with obvious damage.
No reply...not even acknowledge...assumed they received it as sent 1st class recorded for paper trail.
Just spoke to Insurance (Post office) and was told no insurance companies cover external boundary walls,that was quite a shock...asked them to double check and its not just my policy but insurance wide,well thats that then.
Was told to speak to legal team as ive made sure i had that level of cover...woman was very kind and polite but said not sure its coverd,explained very simply that the wall was dangerous and needs to come down and be replaced.
She mentioned trespass,but didn't think that covered it...then said maybe nuisance...well yes its very damn annoying,then said try Royal Institution of Chartered Surveyors
No one seems to know who is liable...hmm neighbours land,neighbours tree...tree roots physicaly lifted wall and is on the point of collapse and no one knows who is liable...seriously.:mad:
Apologises for the rant...assumed it was fairly straight forward.0 -
you can get the Land lord's address from the Land registry for £3"It is prudent when shopping for something important, not to limit yourself to Pound land/Estate Agents"
G_M/ Bowlhead99 RIP0 -
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Samsung_Note2 wrote: »Thought id give an update...wrote a very polite letter and photo to neighbour (Buy to let so not there very often/ever it seems) of the Tree and the root along with obvious damage.
No reply...not even acknowledge...assumed they received it as sent 1st class recorded for paper trail.
Just spoke to Insurance (Post office) and was told no insurance companies cover external boundary walls,that was quite a shock...asked them to double check and its not just my policy but insurance wide,well thats that then.
Was told to speak to legal team as ive made sure i had that level of cover...woman was very kind and polite but said not sure its coverd,explained very simply that the wall was dangerous and needs to come down and be replaced.
She mentioned trespass,but didn't think that covered it...then said maybe nuisance...well yes its very damn annoying,then said try Royal Institution of Chartered Surveyors
No one seems to know who is liable...hmm neighbours land,neighbours tree...tree roots physicaly lifted wall and is on the point of collapse and no one knows who is liable...seriously.:mad:
Apologises for the rant...assumed it was fairly straight forward.
Well that sounds like you have been fobbed off
I had my front wall rebuilt 5-6 years ago paid for by insurance co.Be Alert..........Britain needs lerts.0 -
I'm amused by the idea no insurance companies cover boundary walls. Your contact at the Post Office is wrong.
Your policy might not cover it, but that shouldn't matter as it appears the liability rests with the owner of the tree.
You may need a solicitor.0 -
I'm amused by the idea no insurance companies cover boundary walls. Your contact at the Post Office is wrong.
Your policy might not cover it, but that shouldn't matter as it appears the liability rests with the owner of the tree.
You may need a solicitor.
Sorry your wrong and everyone else who said boundary walls are included...post office says so...:p
Thing is they pushed me to the legal cover i have and even that lady said "Are you sure they dont cover boundary walls"...so yes i do think you and the others are quite correct and will push for a more senior member to talk to.
Legal people said get a professional survey done by arborist and then surveyor...ok so thats a few hundred quid,but be warned it doubtful we will get involved.
Ive also asked insurance since i have accidental cover for both contents and buildings,surely if wall came down due to wind ect surely id be covered...apparently not.
Looks like i might be cancelling and going else where next week.0
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