Tree damage to neighbouring property

[TeaForTara]

I am executor of my parent's estate and will inherit the property but probate has not yet been granted so it is not legally mine yet.

A tree on the boundary has fallen and damaged the neighbour's house.

Do I presume I am legally responsible for this? I don't yet know how bad the damage is. Only half the tree has come down but the other half may be unstable now so presumably I need to get a tree surgeon in - but it's in a conservation zone and you're not supposed to take trees down.

The really stupid thing I have done is that the buildings insurance has lapsed and I have not renewed it. So I do not have insurance to cover it. I know that this is absolutely irresponsible of me and I now bitterly regret it so please don't just berate me about this; believe me, I am berating myself.

What I want is some advice as to what I should do about it now. If I have to pay then how do I make sure it is a fair price and the owner of the other house is not ripping me off etc. Do I admit liability (I have no experience of this kind of thing and as it's Friday evening and I've only just learned about it, I can't get legal advice etc. until Monday.

It’s the liability of the estate, if anyone’s. Whether or not the estate is liable in law is another matter altogether. This is not a strict liability matter. Would a reasonable and responsible homeowner have realised the tree was likely to fatal?

They’ll claim under their insurance policy and it will be up to them whether they look at claiming from you.

Thanks, Collaborate

I didn’t know the tree was rotten - it has leaves, doesn’t look dead.

Went round to see the damage and it’s not as bad as I feared. A few roof tiles and soffit (?) knocked off but no serious damage to the house. A shed looks to be quite badly damaged. Difficult to know for sure until tree is removed.

Removing the fallen tree (which is on their land) - is that my responsibility?

Not your responsibility. That would be trespass. The neighbour can remove it but must offer it to you before disposal.

Given part of it has failed you need to get an expert take a look and advise how safe it now is. They may be also able to indicate whether it was possible for you, a lay person, to have detected it was about to fail.

Ok thanks again. They seemed quite nice - far more than I might have been if someone else’s tree fell on my house - so I think we will deal with it between us but I will make it clear I am not accepting liability.