who is liable for storm damage from a tree?

[funnyperson]

A tree in my mothers house was uprooted in a recent storm and fell over into my mothers garden. When it uprooted, the roots pulled out some of the boundary fencing, which is their neigbour's responsibility, and the toppelled over fence post damaged the border of the neighbour's brick driveway. Who is is responsible for fixing their fence and driveway?

probably your mother as it was a tree on her property that damaged the other things. (I am not in the legal profession though so just guessing)

Agree your mothers responsibility as it was her tree. Her buildings insurance should cover 3rd party damage though.

I'm no expert but I'm not sure that she is responsible. Not unless it can be proved that she was negligent by allowing a tree in poor condition to remain which I'm guessing isn't the case.

It could be argued that its what your neighbour's insurance is for.

Saying that if it was my neighbour I'd try and claim on my insurance, or pay cash if it wasn't too much.

My neighbour has taken responsibility for his tree falling into my garden and causing damage.

I believe just as you have the right to cut the tree on your property down and they don't, you're responsible for any damage it causes because it's "yours".

I don't think she is necessarily responsible unless she has neglected the tree leaving it unstable.

I have just been through this - our tree fell on our neighbours summer house and squashing it. Unless the tree can be shown to have been dead, dying or decayed BEFORE it fell, it is considered an act of god

In our case our insurers will pay for removal only because it fell above a public footpath so we are covered under public liability.

However the person whose property is damaged by the tree can attempt to claim on THEIR household insurance but bear in mind most insurance policies don't cover Acts of God - in fact I don't know any that do - sorry!!!!

Will post a couple of links in a sec....

www.gardenlaw.co.uk/phpBB2/viewtopic.php?f=2&t=14861

exactly right whomoved OP's mother not responsible unless the tree was in a poor state prior to the storm.

We've still got 60 of 100ft of spruce tree in our neighbours paddock! They are being quite understanding considering it happened just after christmas but tree surgeons are a tad busy recently (can't think why)

Also be careful - we live in a conservation area and have been told by the tree surgeons even though it's damaged we still need planning consent to remove the remaining bit of tree which is there! - luckily the council are being a tad less anal about it and have told us to proceed because it's more likely to kill someone now.

I had this when a tree fell ony parked car.

As others have said unless you mum was negligent in not removing a dead/ decaying tree then it is "an act of god" and neighbours will have to claim on their insurance

Thank you for your opinions. The tree was in good health: their fence was loose from its post, but mother's tree was completely uprooted in the storm and the neighbours fence post came out as well as the fence. Both houses have insurance but neither insurance policy will cover storm damage to a garden or driveway. Fences also are not covered apparently.
I'm thinking to help mother pay for the tree to be removed and a new fence to be put up (for goodwill and also otherwise there is a risk of being involved in a lot of corrrespondence whilst leaving her property insecure) and leaving the neighbours to bear their own costs of fixing their driveway given it was partly their own uprooted fence post which caused damage to their driveway anyhow.

It is the neighbour who has had damage done to claim on their house insurance. If their insurers think it is partly/wholly your DM's liability as the uprooted tree was on her land, they will contact her insurers to settle the matter.

Get them to have another look at their policies is there a peril of "impact"?

I think morally your mum should pay for tree removal and the neighbours should pay for the fence. Of course ideally you could make a new fence from the fallen tree in a big happy clappy community initiative. But unfortunately we don't actually live in the Little Kingdom with Ben and Holly.

DO shop around for tree surgeon quotes, they range massively but check they have insurance. :)