Storm Damage

[langara]

Hi, can anyone help my neighbour with a legal problem. A few weeks ago when storm Doris passed through our village, the high winds brought down a huge conifer tree situated on a piece of land owned by a nearby factory, the tree fell across the road closing it for 2 days, brought down electricity lines and fell through my friends hedge across her lawn and missed her bungalow by inches, it completely destroyed part of her hedge. She went to see the factory owner who denied all responsibility. My friend is an elderly spinster who didn't have garden insurance and is very upset by the whole incident. Does anyone know what her next steps could be. Thanks

[bednobs]

she could get some quotes to right the damage to her hedge

[hc4361]

Unless the tree owner should have known that tree was likely to fall in a storm (eg the tree was diseased) then he is not liable.

This is a useful read that clarifies the situation:
https://www.blandy.co.uk/blog/storm-damage-and-neighbour-disputes

It seems highly unlikely that she will be able to claim from the tree owner.

[Ellipsis]

Shouldn't this be covered under standard home insurance?

[Smowball]

My house insurance covers my garden and Everything in it.

[Peter Pedant]

well if she didnt insure the home and garden thro money shortage then she wont have the la-la to sue a factory owner

the only path she could use is 'delapidation' that is thro negligence the factory owner should have lopped the tree and didnt
But for his inaction the storm wouldnt have done anything

well that is the ( a ) legal background and
forget it - I wouldnt go near a case such as that with a bargepole

she should have insured the place

the fact she didnt, DOESN'T mean someone else pays
( and the nearest is the factory owner )

so tell her she doesnt have a case and upset her some more
( that is a bit strict but you know what I mean ... )

[Peter Pedant]

hooray my advice co-incides with Blandys

( and folks I guarantee I hadnt read it first )

[Peter Pedant]

// she could get some quotes to right the damage to her hedge//
and then she will know exactly how much she can't claim .....

but... the other side of the coin is that ( I pay around £400 per y ) she has saved on house insurance -and so has saved around £4000 over ten years .... which is far more than the cost of righting it

( she will say that she has saved £4000 that in fact she never had)

[Hopkirk]

It doesn't cost much to plant something to fill the gap.

[ummmm]

//It doesn't cost much to plant something to fill the gap.//

It does if you haven't got any money...

[Mamyalynne]

I realise this is in Law, but I'd try the Community angle - have a word with a few abler,fitter neighbours and approach a local gardening company as well.

You may get some results if a few get involved in helping.

[hc4361]

Has the tree been removed from her garden?

[Peter Pedant]

as winston churchill said
even 2/6 is a lot of money if you dont have it

[Togo]

Who paid for the removal of the tree and the clear up? If it was done by the council and they are making the "tree owner" responsible then she may have an angle to claim for restoration of the hedge or damages. She could play piggy back on any legal action by the council.