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Legal matters

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Original poster

Tree leaning into road

11 replies

Oakmaiden · 12/10/2018 09:47

Situation: a large tree is growing right next to the edge of a road. It hasn't grown straight up, but has grown with a lean so that from about 50cm up it overhangs the road. If someone knocks their wing mirror off when packing alongside, can they claim on the tree owner's insurance, on the basis that the tree is encroaching onto the road?

Asking for a friend... ahem...

OP posts:

prh47bridge · 12/10/2018 13:14

No. The tree is a stationary object. If someone hits it that is their problem.

Angrybird345 · 12/10/2018 18:07

It could be causing an obstruction so yes, they could be held liable. Tell the council.

prh47bridge · 12/10/2018 23:32

It may be causing an obstruction but that doesn't make the tree owner liable for damage to someone's car if they hit the tree. Those are two separate matters. The tree is stationary. Regardless of whether or not it is causing an obstruction, the driver of the car is liable for any damage caused if they hit the tree.

PhilODox · 12/10/2018 23:34

Is it an oak tree?

Singlenotsingle · 12/10/2018 23:43

The owner of premises is required to maintain their property in a safe condition so that it doesn't cause damage to passers by. If the tree is obstructing traffic the owner could be liable. Not really worth the agg over a wing mirror though.

thinkfast · 12/10/2018 23:55

We have neighbours whose trees overhang the pavement and the road. The council issued them with a warning and a time l

thinkfast · 12/10/2018 23:55

Pressed post too soon

A warning and a time limit to cut them back

PerryMasonsFriend · 14/10/2018 16:43

Regardless of whether or not it is causing an obstruction, the driver of the car is liable for any damage caused if they hit the tree.

Not necessarily - for example if the tree protrudes into the road and is in the pathway of drivers but is not visible or clearly visible at night, the tree owner may very well be liable.

Equally if it is round a blind corner, it's foreseeable a driver may hit it.

It is fact sensitive and depends on a number of factors.

The situation you are describing which is knocking a wing mirror on a tree when parking - it is unlikely that the tree owner would be liable.

AJPTaylor · 14/10/2018 20:50

God. When i worked in motor insurance we had a man who did similar on a tree growing alongside the road in a leafy part of somewhere like Knightsbridge. He genuinely thougt that having caused 300 quid worth of damage by driving into a stationary object that had been there for 80 years, we should fund overturning a tree protection order and put our name to cutting the tree down.

Amaried · 14/10/2018 22:48

Nope tree was there first. You're meant to drive around them

Original poster

Oakmaiden · 20/10/2018 16:07

I forgot I had posted this. It is a council owned tree. The garage said I should try to claim against them, but I wasn't convinced it would fly...

It is extremely irritating though - there is a marked parking bay next to the tree, but you have to park with the wheels of your car hanging over the edge of the bay and into the road because of the tree.

OP posts:

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