my neighbour has huge trees in her garden,they are way too big for a small/medium sized garden.They sway whenever theres a strong wind.I'm worried they will land on my garden shed,its a good shed with proper slated roof. One of the trees is right behind it.If it falls on my shed can I sue her for the damage? I dont know her so I cant really approach her or she'll think Im a looney tune,which I actually am anyway.
2006-09-17 21:27:52 · 24 answers · asked by dossin 2 in Family & Relationships ➔ Other - Family & Relationships
Your neighbour!!!! you looney tune!!
2006-09-17 23:41:04 · answer #1 · answered by carol g 3 · 0⤊ 1⤋
I've been looking into this because I'm about to buy a property with 5 trees all with Tree Preservation Orders - TPO (4 Lime tree, 1 Mature Oak) The Oak in particular has me concerned because although it's seems to be in a healthy condition it does seem to lean by 10-15 degrees towards a main road which runs alongside the property. My research suggest that any damaged caused by that tree will be covered by the home/contents or car insurance of the person who has received damage to their property. Insurance companies will then later try to counter claim against the property insurer and prove that you have neglected the tree and failed to have the tree inspected on an annual basis (as minimum, depends on type/size/age of tree) So to answer your question.. Who is liable? well nobody it's a tree.. Who pays for the damage? Your Insurance Company.. Who ultimately pays? Well, it depends on the circumstances. I suggest you talk to your neighbour and ask them to get the tree inspected and risk assessed. Then you both know where you stand.
2015-05-04 21:28:02 · answer #2 · answered by Mark 1 · 1⤊ 0⤋
If the wind blows your shed up into your neighbours tree are you liable.
Yes, you could probaby make them pay. Laws, because of greedy people like you are passed to keep neighbours from being friends. Don't build sheds in areas where trees might grow.
You can breathe without sheds, you can't breathe without trees.
One other thing, the tree is not right behind the shed, the shed is right in front of the tree.
2006-09-17 21:47:25 · answer #3 · answered by frank s 1 · 0⤊ 0⤋
Not sure where you live, but in Canada if the tree that fell on your living tree is dead,then the insurance should cover it. If it was alive and this is an natural act example wind or lightening then it is not covered by insurance. Your best bet would be to call your insurance broker and ask what your laws are, and if your neighbor is liable you can go through your insurance to collect off of his insurance perhaps he just doesn't want his insurance to go up? If worst comes to worse you can take him to small claims court. I would take pictures and date them of you damaged trees. Also save any bills that you may acquire to save your trees!...Good Luck
2016-03-17 22:24:04 · answer #4 · answered by Anonymous · 0⤊ 0⤋
She would be responsible as it is her tree. You state that you don't know her so you can't talk to her. How long have you been neighbors? I would try talking to her. It could be she doesn't even relize the possible problem and may even be willing to have the tree trimmed to prevent such a problem. She may be a looney tune also and then the two of you can be looney tune's together.
2006-09-17 21:39:54 · answer #5 · answered by Anonymous · 0⤊ 0⤋
If a tree from your neighbours yard falls onto your property and damages your shed,she is liable. i would approach the lady and vioce my concerns you never know she may be a looney tune as well.
2006-09-17 21:36:18 · answer #6 · answered by Michael F 1 · 0⤊ 0⤋
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2016-04-15 07:05:44 · answer #7 · answered by ? 3 · 0⤊ 0⤋
If any branches are within your boundary you can cut them by law. Also any damage to your shed you can claim damages from your neighbour. I would get a good solicitor to write them a letter and get a tree inspector from council to see if tree is a health and safety hazard. If it is they will cut it down.
2006-09-17 21:33:58 · answer #8 · answered by Anonymous · 0⤊ 0⤋
Count the positive aspects of that tree - like shade etc. and not the fear of felling tree. At the most you can have good relations with your neighbour and ask her to get the tree trimmed to the extent that it never falls. Enjoy good neighbourhood.
2006-09-17 21:51:01 · answer #9 · answered by yash 1 · 0⤊ 0⤋
Your neighbour would be liable for the damage. If you are worried you really ought to speak to her.
2006-09-17 21:30:26 · answer #10 · answered by Anonymous · 1⤊ 0⤋
If it was on his side of the fence (assuming there's a fence, doesn't have to be) then he is liable to cough up.
2006-09-17 23:30:24 · answer #11 · answered by kahuna382000 3 · 0⤊ 0⤋