From: brendantuer@xxxxxxxx.co.uk <brendantuer@xxxxxxxx.co.uk>
Subject: Re: Anyone know of an insurance precedent!?...
To: "UK Tree Care" <uktc@xxxxxx.tree-care.info>
Date: Friday, December 12, 2008, 9:38 AM
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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