Tree blew down into neighbours gardens

Niallymac

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In high winds earlier this week, a large poplar at end of my garden broke about 10 feet from ground and fell across two gardens to the rear of my property.Thankfully, it was a rotten morning and no kids out playing or else the concequences could have been horrendous.

My insurance company says that the houses behind should claim damages from their insurance companies, (only minor damage done maybe 200-300 garden furniture ), and their insurance might (unlikely) seek redress from my insurer. The problem is, that the house behind tells me he doesn't have contents insurance and that the council looks after the buildings insurance. He reckons I owe him because it was my tree. My insurance company told me not to pay him, but I do feel responsible, at the end of the day it was my tree that came down. Advice please ?

On a seperate note, there are further Poplar and conifer trees, and the tenants in the houses behind want them either cut down of reduced in size. The thing is, they protect me from visual intrusion from a set of 6 storey council flats about 100 yards behind the houses. All the trees predate any of the development to the rear (houses and flats). Not sure how to respond to the residents behind, as clearly I have no intention of cutting the trees down, and I definitely don't have the money to have them topped. If they want them topped, should they not pay for it ?
 
firstly the answer is regarding the law - have a family solicitor, not necessarily a contract with one and all dealings should go through them. If - you do pay - pay by cheque and geta signed receipt. Hence the need for solicitors. If it can happen I have consulted on it.

Second - if the trees are in your garden - as long as you and neighbours have followed planning laws - they are your responsiblity - Again - if you dont have a solicitor get one - you may be made to cut them even if you dont have the money! Solicitor.

Consulted on cases like this tooo many times! neighbours are not your wife and kids. If you dont cut them; if you do get a solicitor involved and maybe if you do cut them even a little too late - the taste will be there. Get proper legal advice and note times, dates, conversations etc just in case you might [hopefully not] need it.

best of luck!
 
Hi,

You may get some advice from this previous thread although it is more from your neighbour's perspective rather than yours. There may also be some advice/info on this key post.
 
Niallymac,

In my opinion you (or your insurance company) should pay for the damage. It seems straight forward - your tree fell into their garden!

Secondly I don't know what the legal situation is re the remaining trees but maybe you should have them cut before they do fall on someone?
 
I had always wondered about this situation. There were huge oak trees bordering my parents house and the field next door. A developer built a housing estate in the field and built a fence on the other side of the trees -thus putting them inside the boundaries of my parents house. These trees are enormous, so I always wondered what would happen in the event of the storm. Chances are with the state of building in ireland anyway the trees will be there long after the houses!!
 
shnaek said:
I had always wondered about this situation. There were huge oak trees bordering my parents house and the field next door. A developer built a housing estate in the field and built a fence on the other side of the trees -thus putting them inside the boundaries of my parents house. These trees are enormous, so I always wondered what would happen in the event of the storm. Chances are with the state of building in ireland anyway the trees will be there long after the houses!!

Its the roots of the very big trees and the damage they can do that bothers me. Convinced that some of the problems caused in/around our house have been brought about by the incorrect type of trees planted by the Co. Co. many years ago.
 
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