Fallen Tree on my Property

[Diyisfun]

Heavy wind & rain last night caused a tree (council owned on the highway) to snap & fall on my property.
Before I contact the council to make a claim (and no doubt be told to claim on my insurance), has anyone experience or knowledge as to their responsibilities.

10 out of 10 to the council in dealing with the tree. I phoned them at 12.30 (as the tree was blocking my front gate), by 3am they were there with the chain saw.

 

[joe-90]

I would imagine that you would get it fixed and post them the bill. It has nothing to do with your insurance. What if you had no insurance? It's their tree and their problem.

 

[^woody^]

Trees do fall and branches do break and its not always someones fault. That is blame culture mentality

A council does have a duty to maintain trees but you would have to prove that they were negligent in that duty and failed to maintain this tree, which caused it to damage your property.

If the council had a regular system of inspection and maintenance, then they have a good defence to any claim of negligence.

Your insurers will deal with it - that is what you pay them for, Sometimes they can recover the cost from a thrid party, otherwise they take the hit.

 

[empip]

Problems with trees
Whether you planted the tree or not, if you're the owner and it causes damage to someone's house or garden then you'll be responsible for putting it right.

That sounds about right .. But I guess there will be something lurking in the small print.
There are times when the 'Legal expenses cover', an extension, I believe, to home insurance, may be useful.

Legal Expenses Cover
For under £17 per year or £1.42 per month.
(Also available with Saga's buildings insurance)

£50,000 of legal expenses cover for the following:
- Goods and services (for example disputes over buying services for your personal use)
- Residence (for example a dispute over damage to your home)
- Employment (for example a dispute over your contract of employment)
- Death and personal injury (for example a dispute over compensation for personal injury).

--

 

[Diyisfun]

Well I dont want to claim on my policy as there is an excess that I have to pay.
The council have said they will send me a claims form & I have sent them pictures.
I am extremly impressed with there clear up speed. BT came to fix telephone cables at 3pm.

 

[empip]

Totally agree -- But, in the event of a dispute (which hopefully will not occur), the Legal Expenses Cover could then prove worthy of the 31p per week additional cost.

 

[notb665]

by 3am they were there with the chain saw.

I bet your neighbours liked that!

 

[Diyisfun]

notb655
you are spot on..They did ask what was all that about. They where asleep & hadnt heard the tree fall.

 

[Richardp]

Did you get to keep the wood? did they cut it up into nice little usable pieces?