Neighbours Tall Tree

[Kazal]

My daughter's neighbour has a eucalyptus tree growing very close to the border fence. It was put in by the building company 20 years ago as this house was a show home for a couple of years after which it was rented for about 10 years. The tree has always been a nuisance as it sheds its leaves almost all year round and also its branches hang over my daughters garden. Her and her husband used to cut them back, but now the tree is 40 - 50 feet high and the branches are 5 -6 inches in diameter and when her husband became ill and subsequently passed away she was having to pay someone to come in and cut them back. (Not cheap) The guy that came to cut them back called round to ask the owners if they would like the tree topped but they declined (a young family - possibly can't afford it) However the height of this tree is not suitable for small gardens and is less than 10 feet from my daughters house making it difficult to get house insurance. She is also concerned that if it should blow down in a gale on to her house she might not be covered. What is her position? Who can she see about this?

[woofgang]

I actually looked into similar circs recently except the trees were mine. I was told that if the tree does damage that could have been foreseen, then the owner of the tree is responsible for the damage. Can she afford to pay towards the tree being removed or topped? I think a firm friendly chat might be in order

[tamborine]

as the tree affects your home insurance.
contact council to check if tree is protected & council could demand tree is felled. If neighbor refuses abide they could be taken to court - to protect your home insurance.

[woofgang]

tambo have you got a link to that information about neighbours being taken to court to protect insurance please?

[tamborine]

scroll down to 'Trees on neighboring property'

https://www.gocompare.com/home-insurance/trees/

[woofgang]

Thank you, I could see nothing there about neighbours being taken to court to protect insurance, dud I miss something? I did see the bit I mentioned about neighbours being responsible for damage done to others by their trees.

[tamborine]

"....If that doesn't work and you have concerns, you may need to establish your legal position..."

^^ that could be resolved in Court as household insurance is vital for occupants safety.

[woofgang]

I think that's a bit of a stretch from establishing your legal position, to going to court to protect your insurance......

[woofgang]

oh and household insurance isn't vital....I mean i like to have it but many people don't bother....also its not vital for safety? I mean it helps after something happens but it won't keep you safe and stop things happening?

[DocHH]

When one of the trees in my garden was blown over during a gale, it damaged my rear hedges, lay across a bridle-path and took out a few fence panels of my neighbour's property the other side of the bridle-path, and did extensive damage to the 6" gauge railway that runs around his garden. Fortunately it missed the roof of his swimming pool, had it fallen a bit further the other way it would have landed in his tennis court.

On consultation with my Insurance Company I was told that unlike car insurance, building insurers do not try and apportion blame. My Insurance Company undertook to pay for damage to my property, but that my neighbours Insurance Company would have to pay for damage to his property. I had originally, as had he, wrongly assumed as it was my tree my Insurance Company would accept liability and pay for all repairs. It wasn't pleasant telling him that, but his Insurance Company confirmed it.

This is why the OP's daughter is having difficulty getting buildings insurance, they are reluctant to take liability for damage to her property from a neighbour's large and very close tree. They would not be as reluctant to insure, if they knew any damage to the OP's daughter's property would be the liability of her neighbour, or their insurance company.

So, most certainly the OP's daughter would be liable for any damage to her property in the event the tree is the culprit! I would suggest that the OP's daughter consults an Insurance Broker, rather than individual Insurance Companies. The Broker will have wider knowledge of Insurance Companies who are prepared to accept higher risk, but that is likely to come with a higher insurance premium than if the possibility did not exist. However that may well outweigh the cost of any repairs.

I would also be concerned about damage to the property's foundations caused by root spread. Root spread is normally about the same distance as the tree's canopy spread. The neighbour would certainly bear liability for any damage caused by root spread, so that may be another discussion point with the neighbour.