dangerous tree outside IP on council land

[donkey]

My PM emailed me with photo of a big branch that fell on his car. Half the tree is still standing and neighbours have written to the council who said that its a protected tree and they will not cut it down.

I asked the PM to send a registered post letter to the council explaining the risks of the tree to the general public. That way if my tenants are injured they can sue the council perhaps?

If my PM fails to send the letter or refuses to and if the tenant gets injured am I liable? Should I be sending a registered letter if the agency is too lazy?

I wonder if its covered by my public liability?

 

[wylie]

I would guess that the tree and any insurance issues are the problem of the council. You don't own the land, cannot cut down the tree so there is nothing you can do but inform the council that it is dangerous, has already fallen on a tenant's car.

 

[Zeddy]

A while back I was concerned about termites lodging in a tree on council land. I was told by the pest inspector that he could/would not treat the tree on the basis it was on council land.

Personally I have found that if you flag things such as 'high risk to XXXX' (especially public safety), the council tends to move quickly as they don't want to be held responsible/receive legal action/poor publicity from the Aussie Battler down the street. You are not a rich investor, you're Joe Bloggs down the road with the potential to complain to ACA.

Make sure you aim high up on the food chain. My email in the above circumstance was addressed to the mayor. Of course it will be opened by an aide, but at least it won't sit in somebody's inbox for 3 months before being read.

 

[Ideo]

Send anything like that to either the Mayor or the General Manager.