can i claim tree root damage to pipes, fence, driveway from house insurance?

Can i claim tree root damage to pipes, fence, driveway from insurance?

tree is n nature strip so its a council tree and roots are as thick as thick branches some 15 cm or so thick as plumber cut me some when he fixed pipes damaged by roots.

Does house insurance cover this?

Thank you.

 

It might. What did customer service at your insurer say when you called and asked them?

 

Usually not.
Marg

 

I believe you can launch legal action against the council. From what I read on the legal aid website, if a tree is causing damage to your property, the landowner of which the tree is on, is responsible. However, they must be made aware of the potential damage, prior to it happening.

Trees


The law about neighbours' rights and responsibilities for trees is covered by the common law of nuisance. Where the branch or root of a tree comes onto a neighbour's land, a nuisance situation exists. Unless the tree is a significant tree, the neighbour can remove the encroaching roots or branches at his or her own cost. The neighbour cannot go onto the tree owner's land and cannot remove any part of the root or branch that is not on his or her property. The branches and roots are technically the property of the tree owner and can be placed back over the fence, taking care not to cause any damage. The cost of removing the branch or roots cannot be claimed unless the work is necessary to minimise damage which is already occurring or is likely to occur.

If the intruding roots or branches have caused damage to the neighbour's property (for example, roots cracking pipes or branches damaging gutters or poisoning animals) the neighbour can ask the tree owner to pay the cost of repairs or compensation. If the tree owner is unwilling to pay, the neighbour can apply to the Minor Civil Actions division of the Magistrates Court for a court order that the owner pay. In some circumstances a court might order that the owner remove the root or branch or perhaps the whole tree. Advice should be sought.

Problems often arise when tree branches fall, causing damage. The owner's responsibility in these situations depend on whether the tree was overhanging the boundary. Where an overhanging tree or branch falls, the tree owner would be liable if the damage caused was reasonably foreseeable. To hold the owner responsible for a tree that was not previously overhanging the boundary or where the tree was overhanging public land such as a road it is necessary to show that the owner knew or should have known that the tree or branch was in a dangerous condition and that it might fall and cause damage.

A neighbour who is aware that a tree near the boundary is in a dangerous condition, or belongs to a species which is known to ‘drop’ branches, should draw this to the tree owner’s attention in writing and keep a copy of the letter. If damage occurs later, this will assist to establish that the tree owner was aware of the problem and failed to take reasonable and appropriate precautions. If, however, a strong, healthy tree blows down across the fence in a storm, this is considered to be an ‘act of God’ for which there is no liability. Nor is there liability for leaves, needles, nuts or twigs which are blown into the neighbour’s property by the wind unless, perhaps, they were known to be highly toxic and attractive to animals or children.

Trees

 

Maybe, Not likely

 

Generally classed as maintenance and not an insured event

 

The policy will defined what is insured and what is excluded.

Trees are one thing they dont cover unless it falls and demolishes / damages the house. Read your policy.

State law will have a Trees Act which defines who can and who cannot commence actions for tree damage. Basic issue is the tree must have been planted and there are strict time limits and onus of proof. Typically, council are excluded from such actions. However they may remove a nature strip tree causing damage on request.

 

Thank you.
they came today and cut up part of the sidewalk to reveal huge roots damaging my brick wall and they pointed out visible huge roots frm the treat ruining my driveway and which have ruined my pipes

they previousy said hey can put a barrier o stop damage to my property, but what abut damage that has already occured.

thanks for all the info

 

I have a similar problem. Have 3 huge trees on the nature strip . The tree roots have encroached into our property, cracked the driveway and sewer pipe. Council are adamant they are not responsible. Any tips?