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Tree on company owned land has fallen into my garden causing damage...do i claim from the company?


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There is land behind my rear garden which is owned private by a company whose details I do not have and can't find.

 

Yesterday a tree on that land has fallen over my rear garden fence - causing considerable damage.

 

I've never made an insurance claim before - do i tell the insurer:

 

1. The tree was on land owned by a company and that company should pay for all damage?

 

2. Should I goalso go to a solicitor and ask them to find out the details of the landowner and send them a letter to ask them to pay for the repair (tree is on private land behind my rear garden fence)

 

Attached pic of the damage

 

 

[ATTACH=CONFIG]48057[/ATTACH]

 

You can just about make out the land behind my rear garden fence and you can see the tree thats fallen over.

 

Please help asap as i'm concerned that people will enter my rear garden that use the wasteland

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Your Home Insurance may not cover tree damage or remove unless it has damaged a building. Check your policy for the cover in relation to falling trees and branches.

 

The owner of the land where the tree was is not automatically liable. Yesterday was a very windy day and many treee came down. You would have to prove the neighbour had not maintained the tree properly and as a consequence it fell down causing you to suffer a loss.

 

If you have any legal cover with your Home Insurance, they will be able to discuss this with you and explain how to take this forward. If no legal cover, still speak to the claims department to see what cover you have in regard to the tree damage.

We could do with some help from you.

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It is correct that the landowner may not be liable - but in principle he is and you should begin by submitting a claim to him and his insurers for the damage.

If they want to say that it is an Act of God or something, then let them do it and we'll help you from there. Act of God is very old fashioned and doesn't often succeed.

 

Get lots of pictures - much better than the one you have posted here. Get 2 or 3 quotes for all the repairs. Make sure that you get good photos of the roots of the tree - and ideally you would want a professional tree surgeon to give you a report. You would get the money back for this if you succeed.

 

Keep it all very polite and non-challenging. It was no one's fault - and the company will be insured so it is no skin off their nose.

Fin out who owns the land here - http://www.landregistry.gov.uk/public/property-ownership

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You should be able to find out who the landowner is from the land registry website. This is the only way I can think of. Give it a go.

 

Yes make sure you get written evidence of everything - cost of how much to repair the damage, cost of how much to remove the tree and so on. If you want the fence repaired ASAP you should pay for it yourself and later seek to recover the cost from the landowner.

 

The council won't be able to help make the landowner pay you. They can't get involved in private legal disputes.

 

If you don't have legal cover you will need to make a decision whether to run the case by yourself or whether to pay for solicitors to do it. This will be largely determined by the amount of the claim ... since if below 10k you won't be able to recover your legal costs; if above 10k you will be able to if successful.

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I'll try the land registry tommorow and see if they come up with anything re: landowners details. What do I do if the landowner takes no responsibility and tries to fob me off?

 

Is it a good idea to contact the local councillors in the area and tell them whats happened as well as the local press? maybe the councillors can put pressure on the landowner?

 

Legal cover how do i check i have that...i don't have a car so is there anything else it could be on or can i take it out now as a seperate cover on a new policy - just for legal cover and nothing else - thats if i do not have it already

 

 

You should be able to find out who the landowner is from the land registry website. This is the only way I can think of. Give it a go.

 

Yes make sure you get written evidence of everything - cost of how much to repair the damage, cost of how much to remove the tree and so on. If you want the fence repaired ASAP you should pay for it yourself and later seek to recover the cost from the landowner.

 

The council won't be able to help make the landowner pay you. They can't get involved in private legal disputes.

 

If you don't have legal cover you will need to make a decision whether to run the case by yourself or whether to pay for solicitors to do it. This will be largely determined by the amount of the claim ... since if below 10k you won't be able to recover your legal costs; if above 10k you will be able to if successful.

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Legal cover might be on your home insurance, if you have home insurance.

 

You can always tell the local councillors but not sure they will be able to do much. Might be interesting for the local press but again I doubt the landowner would be too concerned.

 

If the landowner tries to fob you off then you will need to decide whether to pursue him/her through the court system by issuing a claim.

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how much does a professional tree surgeon report cost?

 

More expensive than you would think. I think you should track down the owner of the company and see if they will clear up the trees, plus all the mess behind your garden at the same time. They may pay for your fence etc to be replaced.

 

I think the trees are the type that have shallow root systems. They look similar to a local forestry area, where they have thousands of them, which they cut down a number every year to use. When it is windy, they seem to fall down pretty easily. If this is the case, then perhaps the remaining trees should be inspected to make sure they are secure in the ground

We could do with some help from you.

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I have been on the land registry site but I can't find the piece of land - it does not have a physical address and i've tried the no address option on the site but no luck :-(

 

I now have tresspassers coming into my garden they use the field behind my home or maybe the neighbours garden - what can i do to stop the tresspassing?

 

 

 

More expensive than you would think. I think you should track down the owner of the company and see if they will clear up the trees, plus all the mess behind your garden at the same time. They may pay for your fence etc to be replaced.

 

I think the trees are the type that have shallow root systems. They look similar to a local forestry area, where they have thousands of them, which they cut down a number every year to use. When it is windy, they seem to fall down pretty easily. If this is the case, then perhaps the remaining trees should be inspected to make sure they are secure in the ground

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Your local council will have details of the land in their area. They must do, as if there was a problem, they could contact the owner of the land.

 

I think you need to badger the council about this and see what help you can get.

 

As for tresspassers, why are they coming into your garden ? Is it now a shortcut for people to go to somewhere ?

We could do with some help from you.

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I have sent an email to the council to ask them to take action against the landowner and provide his details...if the council do nothing then what?

 

because the council has failed to force the landowner to secure and fence off the land people have been walking through the land and across a self made path that leads to the neighbours garden back garden they then enter my garden either by climbing the fence on the neighbours side of through my broken rear fence.

 

The argument with the council is why are they refusing to ask the landowner to secure the land he owns with fencing so it stops people from walking on the land in the 1st place...council are not helping

 

 

 

Your local council will have details of the land in their area. They must do, as if there was a problem, they could contact the owner of the land.

 

I think you need to badger the council about this and see what help you can get.

 

As for tresspassers, why are they coming into your garden ? Is it now a shortcut for people to go to somewhere ?

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If the council refuse to help, go to your local newspaper. They may wish to report on it.

We could do with some help from you.

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It's not the council's job to ask someone to secure private land.

 

I think I am missing something here.....

 

You would be surprised what councils are responsible for. A friend of mine had a letter through the post because their hedges were slightly over a public pathway. This is obviously slightly different, but the council have some responsibility in regard to environmental issues.

We could do with some help from you.

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True but the council isn't responsible for boundary repairs

 

I don't think the OP is looking for that help anyway. They just want help to find out the details of the landowner, so they can deal with it themselves. There is an enviromental issue in that the landowner appears to be dumping stuff near the boundary, making it very messy.

We could do with some help from you.

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OP what area of the country are you in?

 

The reason I ask is that where I used to live there uses to be lots of pockets of land that were owned by the coal board and you would never have known.

 

Sometimes you have to look back to see who owns pockets of land if the land registry can't help

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I'm not asking for the council to repair the boundaries - the land is owned by a company who it is I have not been able to find out the owners details as the land does not have a physical address.

 

The council have replied saying "...we are not willing to provide the details of the owner of the land as it would be breaking the Data Protection Act....."

 

They have advised me to contact my solicitor

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I'm not asking for the council to repair the boundaries - the land is owned by a company who it is I have not been able to find out the owners details as the land does not have a physical address.

 

The council have replied saying "...we are not willing to provide the details of the owner of the land as it would be breaking the Data Protection Act....."

 

They have advised me to contact my solicitor

 

Right

 

Have you asked lots of your neighbours who surround this land?

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