Neighbors fallen branch damaged my property

[sidekickdmr]

Just over the boundary of our house the neighbour has a big oak tree that needs some attention, and a few days ago one of the big branches snapped clean off and has taken my fence with it, as well as damaging the ground an it.

Is it their job to remove branch and fix fence?

Just thought I'd ask before I pop around so I know where I stand

Thanks 🙂

[SS2.]

If your neighbour is reasonable, he may well offer to pay for (or contribute towards) the fence. That said, and unless it can be demonstrated that he'd been negligent, then I don't think he has a legal obligation to do so.

[Gingerbread Man]

From what I've gathered, SS2 is spot on.

[Vaud]

And storm damage to fences isn't covered by household insurance.

[ladderino]

Agree with other points, but still worth checking your home insurance, to see if you have cover for this sort of thing. Some policies are less strict on this sort of thing.

Similar to what SS2 said, here's an example of a council not claiming liability for a tree that was not previously seen as dangerous -
http://www.medway.gov.uk/planningandbuilding/treem...

[kambites]

Unfortunately apparently entirely healthy oaks do the that - google "oak sudden branch drop". As such, it's highly unlikely that any sort of negligence was involved.

Your house insurance will probably cover it since it's not usually viewed as storm damage or an act of god (someone I work with had his fence, gate and sewerage treatment plant squashed by a similar event and his insurance paid out without quibbling).

Edited by kambites on Sunday 28th May 07:14

[AlexC1981]

People pay well for a big lump of oak, don't they?

[CanAm]

kambites said:

Unfortunately apparently entirely healthy oaks do the that - google "oak sudden branch drop". As such, it's highly unlikely that any sort of negligence was involved.

Your house insurance will probably cover it since it's not usually viewed as storm damage or an act of god (someone I work with had his fence, gate an sewerage treatment plant squashed by a similar event and his insurance paid out without quibbling).

Edited by kambites on Sunday 28th May 07:14

OP hasn't mentioned any storm but did say that the tree needed attention, hinting at possible negligence.
However, UK insurance policies DO NOT EXCLUDE "Acts of God" as has been covered on here many times. Damage caused by fallen trees is usually specifically covered, including removal of the fallen branch so check your policy wording.

[justinio]

You should be covered under your household insurance. We had an old silver birch come down in the garden during a storm and crashed through some fencing and a greenhouse in our garden. Insurance paid for it all.

[CanAm]

swerni said:

Most policies won't cover the removal as such. They will however remove as much as is required to complete any repairs.

That's why I said "usually" as all policies are different. Mine covers removal as long as there is damage to the buildings, the definition of which includes fences.

[kambites]

I'd be amazed if the insurance company had to pay anything to get it taken away anyway. Oak firewood is hardly worthless. If they wont take it away I don't think you'd struggle to find someone willing to remove it for free.

[Grumpy old git]

swerni said:

Sorry, but you couldn't be more wrong.
If that were the case, treee surgeons would remove them for free.
They also have to pay for disposal.

If a decent tree is down and you don't need it moved today, an advert on Gumtree would have people queuing up to come and cut it up and remove it for free. I'd be there like a shot if it was local to me.

Edited to add, tree surgeons don't pay to dispose of decent wood, they sell it and make very good money for it.

[Grumpy old git]

swerni said:

I've just had an 80 foot oak removed, think you have the capability, skills and equipment
to dismember and remove it ? Good luck with that.

BTW the bill was £2200


Most of a tree is the canopy, not the trunk, there's not a great deal you can do with it.
According to my next-door neighbour, who until he fall out of a tree last year, was both a landscape gardener and a tree surgeon, you do have to dispose and pay.

I think you're hugely underestimating what's involved.

I have none of the three things you mentioned, but fortunately for me I have a friend who does

I know what's involved, a friend and I felled approximately 15 trees last summer, mainly ash, and a couple of oak some of which were of a similar height to your tree. Admittedly this was in a large open field where there was no chance of accidentally demolishing someone's house. Your tree looks way too close to the house for comfort to consider attempting, I know my limits!

We were fortunate enough to be able to leave the very small branches and leaves from the crowns piled up in the field to be burned later, but the majority of the wood was taken by us and very little was wasted.

It was back breaking work, my friend did most of the felling/cutting since I was more likely to cut my own limbs off, and I did most of the carrying. You don't need to tell me how much a round from tree can weigh, it's ingrained in my muscle memory, I still ache There's no way I'd be able to do it full time, but a week off work (nice relaxing holiday) and some hard work got me enough wood to heat my house for the next few years and the chap who owned the field saved thousands

[sidekickdmr]

Thanks Chaps, I had a chat with them at the weekend and they said they would come over this week and have a clear up, they didnt mention repairing/replacing the fence but hopefully once they clear it up and see the damage they will reaslie it needs doing, if not ill ask.

Worst case, its only a bit of fence and neighbour relations are more important, so I wont push.

Thanks