Home Storm damage query - our tree fell into neighbours property

Hello all,
I wish I was using my first post under better circumstances, but unfortunately the storm has forced my hand somewhat.

Long story short, we live in a nice neighbourhood. About 10 years ago, a traveller family bought a house behind ours.

Now they are a nice enough crowd except one or two who can be a little threatening. The reason I'm even bringing up the fact that they are travellers is that, during the storm, a tree from my parents property snapped and fell into their land, and apparently broke the window of a caravan. 2 foot to the left and tree would have severely damaged one of the other caravans.

To put things in context, they have their caravans RIGHT under the trees. The trees are very healthy. However, as far as we are concerned, the positioning of said caravans is very dangerous on their behalf.

Yesterday, one of the travellers arrived at the door saying a tree had fallen but there was no damage. Today, they tell us a window broke and strongly hinted we should pay 300 to cover the cost.

So, to the point, our insurance doesn't cover damage to their land or property. However, are we even liable. Isn't it up to them to have insurance and to claim against theirs?

Best regards,
FG

Hold on a second.

They are entitled to put their caravan where they want it.

Why is it dangerous? In case your tree might fall on it? Maybe you shouldn't have dangerous trees on the edge of your property.

It seems to me that you have got away very lightly here and should pay up the €300 pretty quickly.

Is it worth claiming this on the insurance?

Brendan

Liability here is tricky.

If the tree is healthy and falls in a storm, then the owner in theory is NOT liable. If the tree is NOT healthy, then the owner is liable, but the insurer may refuse to indemnify on the grounds that policyholder did not take reasonable precautions and cull the tree.

In this specific case, the claim is for €300, which would go nowhere near legal costs of defending the case. If OP was successful in defending, he would probably still have to pay his own costs. Even in District court, he would need tree surgeon and solicitor and to me, it makes economic sense to pay something to be rid of the case. He should still notify his own insurers of the incident AND the fact that he is paying €XX, lest anything go wrong later on.

I'd be inclined to offer them €100 to go away. I'd also be inclined to get them to sign something to the effect that the payment was in full and final satisfaction of the claim and WITHOUT admission of liability

Ravima said:

Liability here is tricky.

If the tree is healthy and falls in a storm, then the owner in theory is NOT liable. If the tree is NOT healthy, then the owner is liable, but the insurer may refuse to indemnify on the grounds that policyholder did not take reasonable precautions and cull the tree.

In this specific case, the claim is for €300, which would go nowhere near legal costs of defending the case. If OP was successful in defending, he would probably still have to pay his own costs. Even in District court, he would need tree surgeon and solicitor and to me, it makes economic sense to pay something to be rid of the case. He should still notify his own insurers of the incident AND the fact that he is paying €XX, lest anything go wrong later on.

I'd be inclined to offer them €100 to go away. I'd also be inclined to get them to sign something to the effect that the payment was in full and final satisfaction of the claim and WITHOUT admission of liability

Click to expand...

+1 with the above but tree health is not necessarily the main issue in liability as the knowledge of the health of the tree is more the issue. there is no chance an insurer will get involved based on what you have outlined.

Hi all,
Sorry in a little confused. Brendan. It's not a dangerous tree. It is a normal tree that split in half due to a 1-in-25 year storm. By definition, every normal tree in the country would be classed as dangerous.

Ramiva and Kkeliher, I have no proof that any damage was caused whatsoever. He showed me a photo from distance which shows no evidence of damage. That was today. Yesterday, when the tree fell, there was no mention of any damage.

We are concerned that if we pay the money, it is saying we are liable and then a spate of other damages may be found just like the window was the second day. We have history with these neighbours doing a few things that the council did not allow and they are bit unhappy with us.

Just to clarify, we have insurance but the insurance company says it's not covered. We are unsure if he has any insurance.

Also, the neighbour has never made us aware that the tree was a concern to him. All our trees are in good health.

A similar thread from 3 years ago on here seems to suggest that the onus is on the individual person to seek damages from their own insurance company.

Thread is 154992. Can't post link.

Linked here for you:

http://www.askaboutmoney.com/showthread.php?t=154992

I you are not neglegent which it appears your not then your not liable and he would have to claim off his own insurance

Have neighbours trees for years beside us. we did all we could ourselves by first cutting anything leaning over our side few years ago. Finally we got permission to remove the trees most bothering us (as they'd have hit our house and worst our kids playarea) and did so at our own expense. Unbelievable last year the owner then decided to remove a huge chunk of them professionally and we were told anything that was left was safe and nature would take care of them.

However two fell over the weather and reason was the ground was so soggy and the wind so strong they were easily blown down. A "healthy" tree on the opposite side had a huge branch broke off, blocking the main road.

Id thank your lucky stars no-one was killed/hurt and sort the trees.

Have you proof all trees are in good health as we had informed our neighbours that maintenance of the trees was their responsibility, as we seen trees rotten in the core on cutting but looked fine/beautiful in the summer......

Issues such as this can seem simple enough until something like it happens to oneself. Say my healthy tree crashes down to my neighbours property. My instant reaction would be to help the neighbour to cut and remove etc but does my involvment as such suggest to the neighbour that i am liable. It is difficult in an hour of upset to have to say to the friendly neighbour that his/her insurance should be notified of the damage as i reckon most people are not familiar with the law in such circumstances.