Browse Forums General Discussion 1 Apr 27, 2009 12:20 pm Hi All, Really need some help and guidance. We have been contacted by our future back boundary neighbour, who has advised that a large tree has fallen from his property onto our block. The fence (colorbond) has been squashed, and will need to have several panels replaced, as well as the tree removed. The majority of the fallen tree is placed on our block. He (neighbour) has advised that his insurance company will pay his half of the fence, and tree removal for the part of the tree remaining on his side of the fence. He said that our insurance should cover the rest. Ummmm we don't have insurance on a block of dirt. So, my question is, do we suck it up and pay. The tree is major - chainsaw and professional worthy not just DH chopping it up. Do we fight his insurance company - isn't he liable? Do we sue for liability? Do we threaten legal action. Council don't want to know. He has advised who the insurance company is, and on looking at the PDS on their website, I believe it is covered under Impact damage (his half), and Liability damage (our half). What do you think? TIA Bel Still not in. Don't ask!? Re: Advice Needed - Fallen tree on block from neighbour 2Apr 27, 2009 12:47 pm I would think that his insurance company should cover all of it. Sounds stupid to me to think that they will only clear his 1/2 & let you fix yours, as its his tree that fell not yours. I would give them a call maybe they are just trying to bluff. Good Luck with it. We now have a blog. http://allaboutthebuild.blogspot.com/ Re: Advice Needed - Fallen tree on block from neighbour 3Apr 27, 2009 12:53 pm danma I would think that his insurance company should cover all of it. Sounds stupid to me to think that they will only clear his 1/2 & let you fix yours, as its his tree that fell not yours. I would give them a call maybe they are just trying to bluff. Good Luck with it. +1 definitlely. sounds *******. Built the Eden Brae Cambridge 34 Family with Boston Corner Facade Re: Advice Needed - Fallen tree on block from neighbour 4Apr 27, 2009 12:59 pm Thanks guys, Have tried to speak with his insurance company, who wont speak with me as he hasn't authorised it. So have spoken with neighbour, who will speak with insurance company to authorise me. Just want to be well prepared for said phone call! Still not in. Don't ask!? Re: Advice Needed - Fallen tree on block from neighbour 5Apr 27, 2009 1:02 pm I would call your own insurance company for where you are currently living to ask them for advice too, so you aren't just taking his insurance companies word for it, because if they can get out of paying it all then I'm sure they will give it a go! 'A bottle of wine contains more philosophy than all the books in the world.' Louis Pasteur Vegie garden: viewtopic.php?f=19&t=27637&start=0 My Backyard Adventure Re: Advice Needed - Fallen tree on block from neighbour 7Apr 27, 2009 1:24 pm Our insurance company told me that when we knocked the house down we were still covered for some sort of liability on the land cause we had Home & Contents insurance with them. Ours is Suncorp maybe you could ask yours if you are also covered for anything on the block. We now have a blog. http://allaboutthebuild.blogspot.com/ Re: Advice Needed - Fallen tree on block from neighbour 8Apr 27, 2009 1:50 pm I'm going to play devil's advocate and suggest that the neighbour's insurance company may not necessarily be 100% liable. A tree falling on your property from another property is not all that different from a frisbee going through your window from the street, in which case your insurance would cover 100% of it. This is, of course, unless you could prove that the neighbour was somehow negligent i.e. the tree looked dead and they neglected to do anything about it. Insurance policies differ when it comes to "acts of God", as this appears to be. Usually, if a tree falls on your property, your insurance covers all of the damage, regardless of where it fell from. Unless it was the neighbour's direct fault that the tree fell, I think it is quite reasonable for their insurance company to offer to pay half. Of course, then there is the issue of your insurance. Who insures a vacant block? We sure haven't! See what you can sort out between yourselves/their insurance company. They may agree to pay all of it, but just putting the alternate out there... Building a Wisdom Homes Impression 33 MkII http://lilypadintheponds.blogspot.com/ We have the keys! Tiling in progress... Re: Advice Needed - Fallen tree on block from neighbour 9Apr 27, 2009 1:53 pm If a car smashes through your fence will the car insurance company fix your fence? Of course they do. If your neighbors tree smashes your fence I'd expect the same courtesy. That's ridiculous that they even suggest you front the rest of the bill. ---------------------------------------- Building the PD Lisbon 24 http://www.porterdavis.com.au/#homeviewer/lisbon/24 Blog of our progress. http://lisbon24.blogspot.com/ Homeone build thread https://forum.homeone.com.au/viewtopic.php?f=31&t=28665 Re: Advice Needed - Fallen tree on block from neighbour 10Apr 27, 2009 2:01 pm If a car smashes through your fence, the car driver is at fault. A tree falling down of its own accord is a different matter. Building a Wisdom Homes Impression 33 MkII http://lilypadintheponds.blogspot.com/ We have the keys! Tiling in progress... Re: Advice Needed - Fallen tree on block from neighbour 11Apr 27, 2009 2:08 pm Hmmm it's a hard one. You are not having a good run lately bel When we owned our last house and were renting it out, one wall of the house was built on next door's boundary. One day the top of the outer wall (it was double brick) decided to crumble down on top of next door's carport about 300 or so bricks fell on top of their garage and did damage to their car. Our insurance would not cover it. I can't remember the exact details why will have to ask DH when he gets home, but we fought tooth and nail for it and got nowhere! Some loophole whereby if we had had contents insurance, it WOULD have been covered for some reason, but as we didn't have contents insurance (we were renting it out) we were left to foot the bill ourselves, both for fixing the wall and paying for next door's car repairs. I think we did a deal with them, because it turned out their carport had not been built to building standards, and if it had been it would have been able to hold that many bricks falling on top of it and have no damage done to the car! Sorry for ramble just thought it sounded a little bit similar to our story (only we were in your neighbour's position I guess!) anyway hope you sort it all out bel. The last thing you need right now! "Your emotions are the slaves to your thoughts, and you are the slave to your emotions." — Elizabeth Gilbert Living in our new house. Currently scaping the land. Re: Advice Needed - Fallen tree on block from neighbour 12Apr 27, 2009 6:00 pm Well if his insurance company doesn't cover it, and he doesn't cover it... I'd simply get a tree lopper to cut it up and throw it back into his yard... That is legal and you are quite entitled to do that! Electrical Engineer... Don't hold that against me... And keen owner builder... Mainly the building part!! Re: Advice Needed - Fallen tree on block from neighbour 13Apr 27, 2009 6:06 pm The plot thickens..... Now his insurance company won't speak with me He just called the insurance company to authorise me, and was advised that no, unless I'm insured with the same insurance company, they won't talk with me. He is still going on about his "half"of the tree and fence, so looks like I might be getting legal advice. I've played fair I think up to this point. I've explained to him I'm pretty sure under his Liability clause he is covered, so it's only costing him his excess, which he'll have to pay anyway. Grrrrrrrrrrr more sh!t I have to deal with. Still not in. Don't ask!? Re: Advice Needed - Fallen tree on block from neighbour 14Apr 27, 2009 6:18 pm you could always cut the tree up for firewood and sell it at least the extra money may help pay if you have too a trailer load sells for $80 stay safe happy building Re: Advice Needed - Fallen tree on block from neighbour 15Apr 27, 2009 6:20 pm Ive worked in Insurance for 5 years.. And I'm still not sure how to answer your question. The policy I currently work with doesnt say it does cover it and it doesn't say it excludes it either.. So I dunno.. just one of those things I'd refer to a claims department. I think lisanne had a good idea, i'd call your current insurance company and see if they can perhaps advise you on the matter. Good luck! Building with PD - Regent 23 Cascades on Clyde Estate HomeOne Building Thread - PCI Completed - 28th August. Handover - 11th September. Re: Advice Needed - Fallen tree on block from neighbour 17Apr 27, 2009 7:37 pm When they come to scrape your block, give the back hoe driver a case of beer to push the tree back to the neighbours side Good luck though Bel, I really hope it works out in your favour. Blog: http://bluemistkids.blogspot.com "Never be afraid to try something new. Remember, amateurs built the ark, and professionals built the Titanic." Re: Advice Needed - Fallen tree on block from neighbour 18Apr 27, 2009 8:15 pm bingoshelley you could always cut the tree up for firewood and sell it at least the extra money may help pay if you have too a trailer load sells for $80 That is a great idea! Re: Advice Needed - Fallen tree on block from neighbour 19Apr 28, 2009 12:46 am There are lots of links and discussions that Google will reveal to you about this exact issue. The gist of it is that typically your neighbour is NOT obliged to pay your damages unless you can show that they have been negligent and should have reasonably known that the tree was a danger. Otherwise it is regarded as an "act of God" and whatever damage or cleanup is involved on your property is your responsibility. Seems a touch unfair to me, especially if you live near someone with truly huge trees, but there it is. Do the hard jobs first. The easy jobs will take care of themselves. - Dale Carnegie Hi All, I engaged a tradie to install concrete retaining wall 600-800mm high over 32 meters in Victoria. Sleepers are 200*75*2000 mm installed over 17 steel posts. I… 0 6900 Building Standards; Getting It Right! Don't think they are designed for double brick. WA has a particular way of building and unfortunately that's the way a large amount of sills are finished. 3 7003 |