Neighbour's tree fell onto my fence

[LB13]

On 7th October a neighbour's tree fell down and onto my boundary fencing, badly damaging it in the process. It is/was a substantial tree, at least 20m tall with the trunk being approx 55cm diameter. The neighbour has done some remedial work, in that the top part of the tree in my garden was cut up, but everything was left on my lawn. I've had my gardener clear away as much as possible (putting the branches back onto the neighbour's land) but I've been left with some substantial trunk segments, and about 3m of the trunk is still resting on my boundary fencing. I know the trunk is far too heavy for men to move because it is in such an awkward position, which also means that further cutting will probably be impossible, so it will take someone with appropriate lifting machinery to remove the trunk.

I've heard nothing from my neighbour for more than 2 weeks.

What rights do I have as far as getting quotes from professionals to sort out the problem, and also for repair of my boundary fencing? I would get at least three quotes and employ the cheapest. Would I have to pay and then sue him for recovery, or could I just hand the invoices to him to pay?

The picture shows the trunk in the back-right corner, and in the foreground all the debris from the tree before my gardener cleared most of it away.

[des8]

Re: Neighbour's tree fell onto my fence

Hi and welcome to LB.
As it is in your garden and on your (?) fence you can of course do whatever is necessary to remove the offending wood and foliage (returning it as you realise to your neighbour).
You can also of course arrange the repair of your fence. (If this results in an improvement to your fence you might have to make a contribution to the cost)
You must mitigate your losses as far as is reasonable.
If you obtain 3 quotes you do not have to accept the cheapest, your choice may be influenced by other considerations such as the contractors belonging to a professional organisation, when they can do the work etc.
If you employ the contractors you will be responsible for paying them. You would then have to recover your costs from your neighbour.
If you just passed the invoices to your neighbour, who then refused to pay, you would find the contractors chasing you.

Have you not been able to discuss the matter with your neighbour at all to come to a mutually acceptable way of removing the tree.
Do you know if he has or is going to claim on the liability section of his household insurance policy (if he has cover) for the damage to your property and the cost of clearing your garden.
If you think he might have problems meeting the costs it might be worth mentioning this option to him

Have you considered making a claim on your buildings insurance if it covers fences. If the tree fell in a storm it might be problematical.

[LizB13]

Re: Neighbour's tree fell onto my fence

Thank you for your response to my enquiry Des8, and for your welcome

The land on which the tree grew is owned by someone who doesn't live on the land, and isn't easy to get hold of. I am concerned that he will simply ignore this problem, rather than addressing it (as the lack of contact and action over the last 2-3 weeks suggests), so I'm trying to establish what I can and cannot do. I've left him a voice message offering to get quotes from people who have the kind of equipment which (I think) will be needed to lift the trunk off my fence (yes, it is my fence/boundary) but not had a response, yet.

The option of claiming on household insurance hadn't occurred to me, and I don't know if it had occurred to him either, given that he has tenants living in the property (which is on the land where the tree grew), but I do know that financially he is far better placed than me to sort this out. I'm actually rather reluctant to make a claim on my insurance, because just two months ago I was burgled & had all my jewellery stolen, which resulted in rather a large claim, and I'm waiting to hear about the repercussions in terms of my premium from that.

The day the tree fell was windy, but not stormy, and the tree hadn't been upright for quite some time - it was an accident waiting to happen.

[des8]

Re: Neighbour's tree fell onto my fence

My advice, for what it's worth, is that you write (recorded delivery) to the landowner holding him responsible for the cost of removing the tree and restitution of your fence.
In the letter advise him you are obtaining estimates for the costs involved, and if he doesn't respond within say 7 days, you will give instructions for the works to proceed and will claim all costs from him.
Advise him to pass the letter to his liability insurers. As he is a landlord I would expect him to have Landlords insurance which should include public liability.

Regarding your own insurance I can understand your concerns, and burglary isn't nice. Leaves you feeling violated.
A single claim may or may not affect your premiums. Some insurers add 10%-15% , but the more reputable don't. Some policies now have no claim discounts, others don't.
As you're still in the same year of insurance you could make enquiries off your insurer to see if the tree incident is covered, (if your neighbour doesn't respond), without actually making a claim.
When it comes to renewal don't renew automatically. Obtain alternative quotes before due date and if you are unhappy with renewal terms you can change insurers or haggle with your existing company.

[LizB13]

Re: Neighbour's tree fell onto my fence

My neighbour called me today to say that someone (one person I think) will be coming round tomorrow to deal with the tree trunk and limbs/foliage still in my garden. I hope to be here when he arrives... update to follow...

[LizB13]

Re: Neighbour's tree fell onto my fence

No-one came on Tuesday, or Wednesday, or Thursday, or yesterday :tinysmile_cry_t:

The difficulty I have is that I only have a telephone number for my neighbour, no address so I'm unable to send him a letter, and this is starting to get annoying & frustrating.

[stevemLS]

Re: Neighbour's tree fell onto my fence

Unless the neighbour has been negligent with regard to the maintenance of the tree they won't automatically be liable.

There is the tort of Rylands v Fletcher but I don't think it applies.

I note what you say about it not being straight and obviously haven't seen it, but lots of trees are not straight.

You may be able to get his address either from the tenant or possibly from the Land Registry at a cost of £3 online.

Your best advice, as ever, is to try and resolve it with him direct.

[des8]

Re: Neighbour's tree fell onto my fence

As you can't contact your neighbouring landowner, and as stevemLS says you would have to prove negligence on his part if it went to court.
This might not be over difficult as a healthy stable tree should withstand normal winds: and your neighbour, by agreeing to move it has possibly admitted liability.

Can you not obtain the neighbour's address from his tenants who are occupying the property?

However your easiest course of action, failing contact with your neighbour, is to claim on your own insurance.
There is probably a requirement that you advise your insurers of a possible loss as soon as possible.
There is possibly a time limit, so if you have not yet mentioned the accident to them you need to do so now if you intend to lodge a claim.
Explain the de;lay was because your neighbour had agreed to remove the tree but has failed to do so.