They need proper Tree Surgery.The neighbour says they were only insured to cover building damage. What are the legal implications?
2007-01-22 02:14:35 · 17 answers · asked by paul w 2 in Home & Garden ➔ Garden & Landscape
I would imagine this would be come under "act of God" (although in this PC world they have probably changed the name of this now) and as such it wont be insured and I honestly don't think you would stand much chance of winning a court case.. but I'm no lawyer..
2007-01-22 02:27:01 · answer #1 · answered by Paul 5 · 1⤊ 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
2007-01-22 10:31:18 · answer #2 · answered by Anonymous · 0⤊ 0⤋
I know that fencing is only covered if a tree falls on it, so i am guessing that your trees are covered if your neighbours tree has fallen on them, did it also damage the fencing cos that will be covered as well, check withthe CAB or a Solicitor..if you are living in America, i am not sure what the law is over there.
2007-01-22 13:04:00 · answer #3 · answered by sky 4 · 0⤊ 0⤋
If I was you I'd think about giving some ground and saying to them:
"Look, it's your tree that's come crashing down in my yard causing damage. I know you didn't push it or anything, but I think it would be neighbourly if we split the bill."
You may be totally in the right and you may well win in court, but before you take that route weigh up whether the money is worth more than the bad feeling from having a court case with your neighbour.
Sometimes it's not about being right it's about doing yourself the most overall good.
2007-01-22 17:05:53 · answer #4 · answered by ein 2 · 1⤊ 0⤋
If you give your local CITIZEN ADVICE BUREAU a ring, they will advise you. You can also have a free consultation with a lawyer. At present after the storms there are a lot of people about who want to make a quick buck, be careful. Strictly speaking you can clear the tree, but the actual logs belong to your neigbour. Good Luck.
2007-01-25 13:59:28 · answer #5 · answered by biggi 4 · 0⤊ 0⤋
I've been in Hurricanes & the aftermath. The tree down in YOUR yard, it is now YOUR problem. You had the right to do anything to it before hand, from the propertyline straight up(if it was over hanging) but where the base is doesn't matter now.
2007-01-22 15:17:22 · answer #6 · answered by CJP 2 · 0⤊ 0⤋
their buildings content covers the garden too so does yours you could claim off either, if your neighbour is insistant that hes not covered then tell him he needs to pay up, contact your insurance and explain whats happened if possible give them his insurance details yours will pay out and get it back off his, home insurance works pretty much the same as car insurance,
2007-01-22 17:14:15 · answer #7 · answered by 0000 3 · 0⤊ 0⤋
I think your neighbour should be responsible for any damage caused, and if you really need a tree surgeon, they should stump up for any cost's.
2007-01-22 10:39:59 · answer #8 · answered by Anonymous · 0⤊ 0⤋
They are responsible regardless of what thier insurance covers them for.
Thier insurance cover is just a protection for them, not you.
They have to pay the bill, if they are not insured, its thier fault
2007-01-22 11:08:19 · answer #9 · answered by Michael H 7 · 0⤊ 0⤋
They are still liable whether the insurance covers it or not. Unfortunately, you'll probably have to take them to court to recover damages. (small claims is usually sufficient)
2007-01-22 11:10:53 · answer #10 · answered by dreamgirl 5 · 0⤊ 0⤋