Tree hanging over neighbor - tenants task?

[wylie]

In regard to overhanging branches my understanding is that as a general rule, overhanging branches are the responsibility of the property which has the branches, not the owner of the tree. If an insured event causes damage to due to the overhanging branches they would not be able to seek recovery from the tree owner. Also, in the event the tree was to fall during a storm, causing damage to a neighbouring property, as it was due to the storm event (an "Act of God" although not a term used in Australian insurance policies), the person who suffered the damage would not be able to seek recovery from the tree owners insurer. The only other thing would be whether negligence threw a wildcard in there.

When you say the insurers of the damaged property would seek recovery from the tree owner, does that mean if the "owner" of the tree has insurance, their insurer would pay the insurance company who has repaired the house? Would the tree "owner" be asked to pay only the excess?

What if the tree "owner" has no insurance? Would the insurer who has paid for the damage to be fixed ask for the cost to fix the damage.

If so, then everybody is probably getting our their chainsaws right now.

 

[Hoffy]

One of my trees fell over (uprooted) doing damage on my property and my neighbours. My insurance covered my side, his insurance covered his side.

 

[Salvatore1]

Hi Wylie, you miss read he stated he is unable to claim against the tree owners.

 

[wylie]

Hi Wylie, you miss read he stated he is unable to claim against the tree owners.

Ahhhh. Best put my glasses on before reading the forum.

Thanks. That makes more sense to me now . (What a difference one little word can make...)

 

[chrispy]

One of my rentals large gums dropped a huge branch on next door roof and did a lot of damage. Their insurance covered it.

This is in Victoria.

I rang my Insurance but they said it was next door's insurance problem

Their Insurance paid for the repairs.

Chris