Actually a legal question regarding home in England

[Chancer]

I have just learnt from the next door neighbour of my house in England that during the storms a very large bough from a neighbouring land owners  tree has fallen in my back garden without apparently causing any damage.

I have only just got back from there and hadn't planned to return for some while, form his description it is massive and will require a couple of people with chainsaws and a trailer etc to dispose of it.

My trailers are in France and it usually costs too much to take them to England.

My questions are: Is this something that would be covered by the tree owners property insurance?

I know that if I trim overhanging branches then I am supposed to place them back on the neighbours ground    If I do cut up and dispose of it on my next visit would I have to do the same thing? 

And thirdly to justify posting here what is the situation here in France as I once again have some fragile trees overhanging my property.

[Russethouse]

Wouldn't the best bet be to contact the owner of the tree and see if there is any other damage they are claiming for, if indeed their insurance policys cover this.

What about your own insurance policy ?

I wish I could be more helpful but my neighbours tree fell and the roots upended our greenhouse (luckily a cheap plastic thing) and broke the dividing fence and fence around our garden utility area. Our neighbour is intending claiming for the removal of the tree and replacement of the fence - my sister who is in the insurance industry, but another branch, thinks that fences are never covered unless a tree has crushed them !

I'll let you know if I hear anything.

 

[Georgina]

I can't see that there is a claim for anything as there is no damage as you say but I would write to your neighbour asking him to remove it and see what happens.  I take it you are not on good terms otherwise he would have done so? If you are on good terms then I would ring him and ask him to remove it. IMHO that only if you had given him notice that you intend to instruct someone professional to remove it, on his failure to do so, could you have a claim for the costs of such removal in the small claims court. But then you would have to prove that it was his tree and take photographs before you removed it such is my small claims experience.

Georgina

[Chancer]

Thanks for the posts.

No problem with the neighbour I just didn't know who they were, the houses back on to mine, we all have large gardens and they are in another road, also in another county! which is why I referred to them as landowner. The problem was compounded by my living here and only being able to ask another neighbour to intervene. As my other neighbours wife is dying of cancer I really didn't want to trouble him.

I had been considering contacting a company to arrange for the renewal in my absence but if it had been the responsibility of the owner and if they were already making an insurance claim then I would have liked to be able to reclaim the costs.

I have since found out that I know the lady, she used to own the other house behind mine, she then divorced, sold, moved away and has since returned to the one next door to her original.

She has now been informed but was unaware and has not suffered damage herself.

I have decided to dispose of it myself on my return but will talk to her as I technically I need her permission!

[Georgina]

Yes, you are quite right, that's what I would do, not worth the hassle.  By the way when you said you had a legal question then went on about insurance, well, there is legal and then there is insurance -  if you get my meaning[:D].

[mint]

 you mean insurance may not be legal?  surely not!

[Georgina]

I think I will take the fifth amendment....[:D]