IF a tree falls on neighbors property then they will need to claim on their own insurance 'act of god'.
We just had an incidence at one of the blocks where we own strata unit. Our strata had to claim on our own insurance and our insurance stopped cutting tree at the fence line.
Some tine ago we had a call on a Sunday from the office of our managing RE when a neighbour traced us via the RE and somehow conned the RE to call us about the branches that fell out of our tree and pierced their pool liner. We were to come down immediately and fix their pool and trim our trees. Yeah sure. Waited until Monday to phone our contact at the RE (the management section) and told him to tell them to F off and if they wanted the trees cut down then they were welcome to apply to council and pay for the removal. Never heard anymore about it.
Cheers
Hi HandyAndy
Have you had a legal opinion re this ? ( as you know I'm not a lawyer ) . In you situation , the other side may have decided it wasn't worth the hassle .
My concern would be that if you are forewarned about a possible defect and fail to take action to fix it , will your insurance cover you ?
For example , as a Doctor , if I warn someone not to drive and they fail to head my advice , they are not covered by insurance . I have had this happen to a patient and as a result he lost every thing .
If drainage from your property impacts another property , I am aware that you are liable for the damage this causes .
Do we have any resident lawyers around now days ? I notice Nigel doesn't appear to be a member anymore .
Cliff