Neighbours fallen tree has trapped me and my neighbour in our homes

[FinanceHo]

The drive we share is completely blocked by this behemoth tree-

neighbour has said they rent and the clear up is nothing to do with them

i I can’t get to work

any advice

I’m fairly certain if I got a friend the drag the tree off into the main road it would get shifted fairly soon.

anyone had similar

Good point. I don’t know. I’m assuming it would be OP’s responsibility to insure the place.

Exactly this. Lazy CF neighbours that won't simply contact their landlord. Honestly, some people....!

The law with fallen trees is that if your neighbour’s tree falls into your garden or onto your land, your own house insurance needs to cover it, as long as the tree was healthy, and not neglected or dangerous. If you can prove it wasn’t safe due to neglect by the owner that’s a different matter.

If it’s fallen due to storm conditions it’s considered as such so not the responsibility of your neighbour even if the tree belongs to them. That’s what your own insurance is for. I know it sounds bizarre but Google it. It’s a fact.

It’s been explained numerous times now that if the tree was healthy and this was an Act of God caused by the weather, the landlord has no responsibility to pay for removal/repairs other than for his own property. OP and her neighbour will need to contact their own home insurers.

Not if OP doesn't have home insurance, its been stated its a minimum wage household and its a sad fact not everyone can afford home insurance.

And the more information the OP can supply the quicker it will get dealt with.

OP said some time ago that she’d contacted the letting agency who were trying to contact the landlord. And I don’t see the point, given that he’s not responsible for the damage other than to his own property unless it can be proved that the tree was a hazard. If it was just down to bad weather, it’s an Act of God.

It’s still not his responsibility. It would be nice if he picked up the expense, but unless he’s been negligent in some way, he has no obligation to clear up anything but his own land.

On the legal point, I'd be wary of some of the certainty being expressed on Mumsnet.

If the tree belonged to the neighbouring property owner, then there are several possibilities:
If the tree was healthy and simply came down in a storm, the neighbour/landlord may not be liable for consequential losses such as missed work or damage.
If the tree was obviously diseased, dead or dangerous and the owner failed to deal with it, they may potentially be liable because negligence could be involved.
Regardless of liability, it seems odd for the owner of the tree to take the position that they have absolutely nothing to do with a large tree that originated from their land and is now obstructing access.

The practical problem for the OP is that if they have no home insurance with legal expenses cover, they may struggle to get quick assistance. Insurers often end up being the ones who sort out responsibility arguments and organise contractors.

I'd also want to know who owns the shared drive. If the drive is jointly owned, subject to rights of way, or part of a management arrangement, that can affect who is expected to maintain and clear obstructions.

As for the tenants, they're not necessarily obliged to hand over the landlord's personal contact details because of data protection considerations. However, if they're renting, they should know where notices can be served or who the managing agent is. Under section 1 of the Landlord and Tenant Act 1985, a tenant can require the landlord's name and address from the person who collects the rent. That doesn't directly help a neighbour, but it shows there is usually a route to identifying the landlord.

My instinct is that the OP's strongest immediate steps are:
Check the Land Registry.
Contact the local council if a highway or emergency access is affected.
Check whether there is any buildings/home insurance cover.
Photograph everything before any clearance work is done.

And no, I wouldn't advise moving the tree into the road. That's one of those ideas that sounds satisfying on a forum but could leave the OP responsible for creating a highway obstruction.

Your home insurance will probably cover the cost of removal which they will reclaim from neighbours landlord's insurance. Also try putting a plea on local FB pages. You'd be surprised hiw many men love to use their chainsaws.

Not just men, if OP lived anywhere near us, my (adult) daughter would be straight round with our mini chainsaw and electric saw.

She'd leave OP with a massive mess if it was anything like how she works in our garden when she's scalping the trees and shrubs, but it would be manageable chunks of mess rather than an entire tree.

Love it.

Unreasonable to describe not being able to use a car as “trapped in our homes”

It's not the law to have home insurance though? If the landlord has insurance he will be able to pass on her claims to his insurance. That's how that works.

Really? When my tenant was causing a noise nuisance the agent was contacted by the neighbours and I was then contacted. Tell the agent the to contact the landlord as a matter of urgency. Take lots of photos.
However people’s assumptions that the landlord will pay for it to be removed and for loss of earnings/transport is incorrect. If it came down in the storm, unless the tree was diseased or they knew it was likely to come down, it is not automatically their responsibility to pay for it. It’s far more nuanced than that. And also if it just came down they’d still have a ‘reasonable’ amount of time to remove it, which could be a few days.
Write to the manager of the agency. Also if unforthcoming pay the £7 to land registry and get the owners details and write to them. Get a quote to remove the tree - I think you may have the right to remove an obstruction from your property but do not rely on getting that money reimbursed.

He’s not OP’s landlord. He owns the property which is rented out, and where the tree was located.

Who would they report the 101? The weather? God?

Yes, so if you have a claim against him and you don't have insurance yourself, you take the claim to him directly and he passes it on to his insurance who will reimburse OP. That's how insurance works.

Why would that be the case? He's not responsible - assuming the tree is healthy - so he doesn't need to be involved at all. There's certainly no case that his insurance company would need to be involved either.

If a tree falls from his property onto your property and causes you an expense you can try and claim the expense back. You don't know whether the neighbour is not responsible and I don't know whether he is. But, whether the claim has merit is irrelevant - I was making the point that the other poster's 'if he knows the law' comment wasn't correct.

There is no obligation for OP to have home insurance if she wants to make a claim against the neighbour. She will make the claim against the neighbour and if the neighbour has insurance, then they can pass that claim onto their insurer to deal with.

Op you need to contact your insurers and you or they contact a tree surgeon to cut you an exit route. You could ask on Facebook or try the local fire brigade but you are probably going to have to pay and claim from your insurers. If you contact them they may pay the tree surgeon direct.

I'd second the dont try and borrow a chainsaw. You need to oil them and wear proper safety equipment. You could ruin a borrowed chainsaw and injure yourself.

I wonder if you could sell your advice professionally, you must get told all the time just how insightful you are.

Find a local firewood seller, ask if they or any1 they know, would come take it away?

So what about putting it it the neighbours bit of garden where it came from let them sort / follow up with letting agency.

Yes to the first part, absolutely not to the second part.

She should keep receipts and require landlord to pay her costs. It's the landlord's responsibility and a tree is supposed to be safe. It's been blown over so landlord pays costs of inconvenience to others until tree is moved. Get a taxi.