Trevor,
I would have thought that ownership would be clearly defined within
the Land Registry. If not, and the tree is located in one of those
forlorn, lost corners of our Great British Empire, we usually work on
the premise that the landowner owns to the middle of the road, and the
Highway Authority merely has an established right in respect of the
highway surface.
Remember, any neighbour may prune back over-hanging branches where
they interfere with their right to their enjoyment of their land
(within reason). But tree pruning doesn't automatically assume
ownership.
Does that help?
Brendan
----Original Message----
From: theapsy@xxxxxx.com
Date: 12/12/2008 9:24
To: "UK Tree Care"<uktc@xxxxxx.tree-care.info>
Subj: Anyone know of an insurance precedent!?...
Hi,
I'm currently trying to fight an insurance claim:
I work for a local authority and we recently pruned some trees that
had been cited in an insurance claim. We have since found out that the
trees were on private land and we are trying to avoid being involved.
The insurance company is saying that, I quote:
"Given that the Council's contractors did undertake work to the
trees, this would show that the Council exercised ownership and/or
control. Accordingly, we consider that the Council are the appropraie
defendents in this matter."
Can anyone help me out with this one?
Thanks...
Trevor
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