Question by Ma
Who is liable for a tree?
We have a dead oak tree on the edge of our land, the deeds say the council is liable for anything in from the road by a metre unless there is a ditch. We have a ditch and the tree is on our side, it is a very large tree and l would like to know who is liable if it falls across the road? it will also take out local power lines.
Sciencegravy responds
If the deed says you're libable for anything on your side of the ditch, then it sounds like it's your tree. A dead tree is a libaility, and if it's "yours", you're liable for damage if you know it's a hazard, and do nothing to correct it.
Insurance you would have to be careful of. Often, it will not cover exisiting liabilities, a little like being diangosed with cancer, and THEN trying to get health insurance that covers it. No insurance company would knowingly cover an existing hazard that is being ignored. But insurance policies vary greatly
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