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Storm Eunice, 18th Feb 2022 - news and discussion

I ventured out to the local last night. Outside it really smelt like the sea. Part of the Avon runs down this road but it doesn't normally smell like that. Wind obviously driving brackish water further up stream. Some tiles came off a restaurant round the corner. Pub was surprisingly quite busy. Including some fellas that had been playing 5 aside, which must have been challenging...
 
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The 2021 worlds biggest fuckwit competition is hotting up with the arrival of this magnificent example of being an utter bellend.....View attachment 310989

shes on the list
 

shes on the list

Zoe Harcombe. Carb avoider, nutritional maverick and the sworn enemy of fibre, five-a-day and common fucking sense. The writer of a nauseating and pointless stream of ridiculous diet books, and creator of endless piles of Daily Mail clickbait fodder, Zoe Harcombe is the long standing Queen of evidence mangling nutri-bullshit, desperate to challenge the orthodoxy in order to drive book sales and website traffic.

:D
 
Made it to Aviemore - lovely sunny/snowy drive with oly a couple of dicy sections. Had to wait till the Lecht was cleared - which involved two snowploughs, a big and a massive tractor. Girl's potential employer has put the interview back to 5pm and she's staying on for a trial shift.

Now my fun is going back before it all freezes solid!
 
Massive piece of tree from other side of fence crashed onto my fence and destroyed about 4 meters of it.
How do I figure out whose problem that is?
(Giant fallen branch is giant I can’t do anything with it myself I don’t think).
 
Massive piece of tree from other side of fence crashed onto my fence and destroyed about 4 meters of it.
How do I figure out whose problem that is?
(Giant fallen branch is giant I can’t do anything with it myself I don’t think).

Chances are it's your problem, check your insurance to see if it covers fences & removal of the tree parts, this link explains the situation -

Who is Liable When a Tree Falls on a Neighbor\'s Property
 
Massive piece of tree from other side of fence crashed onto my fence and destroyed about 4 meters of it.
How do I figure out whose problem that is?
(Giant fallen branch is giant I can’t do anything with it myself I don’t think).
By far the easiest way is to talk to your neighbour and see what happens. Theoretically, if they should have known that their tree had the potential to damage your fence, they had a responsibility to take care of it and they bear liability for the damage it has caused. But making that stick through a legal process is expensive emotionally as well as financially; much better to just see if they are willing to do the honorable thing. If they had taken care of the tree in a "normal" way and this was a freak accident, I don't think they would be liable.
 
By far the easiest way is to talk to your neighbour and see what happens. Theoretically, if they should have known that their tree had the potential to damage your fence, they had a responsibility to take care of it and they bear liability for the damage it has caused. But making that stick through a legal process is expensive emotionally as well as financially; much better to just see if they are willing to do the honorable thing. If they had taken care of the tree in a "normal" way and this was a freak accident, I don't think they would be liable.
Yep, its national trust land, i imagine they are dealing with a lot of trees today, will contact them on monday.
 
That's a US link.

FFS, so it is, I googled for a UK link and that came up. :facepalm:

But, the law is basically the same, unless you can prove negligence, which as you rightly pointed out is hard to do and can be expensive, then it's not actually their problem.

This is of course the leading question. If a tree has fallen due to negligence, for example it was left diseased or decaying and no action was taken to treat or remove it, then no matter what the reason for it falling or shedding large branches, it will be down to the owner of the tree to cover the costs of its removal, and to rectify and damage caused as a result.

If a healthy tree was felled by a storm, lightning bolt or high winds, then it will usually be possible to claim for its removal and repair of any damage caused through a home buildings and contents insurance policy. This is the case when a tree falls into a garden or onto a house, shed, garage, garden decking or any other type of property associated with the house. If a tree falls and damages a fence, it is sometimes possible to claim on the insurance policy, but not always. If a tree falls onto a vehicle, the cover will more often than not come from the motor insurance policy.

UK Link - Fallen Trees & Branches: Who’s Responsibility?
 
oh dear that sounds like its going to be long.
On the plus side, they will presumably have A Process that gets followed, with evidence for formal risk assessment or otherwise. They will make a decision about whether or not they are to blame, and it will be one made dispassionately by people in an office that don't care that much either way. If they decide they are not to blame, it'll be more trouble than it's worth to fight it, I'd personally say. On the other hand, they're more likely than a private individual to hold their hand up and say they'll fix it.
 
On the plus side, they will presumably have A Process that gets followed, with evidence for formal risk assessment or otherwise. They will make a decision about whether or not they are to blame, and it will be one made dispassionately by people in an office that don't care that much either way. If they decide they are not to blame, it'll be more trouble than it's worth to fight it, I'd personally say. On the other hand, they're more likely than a private individual to hold their hand up and say they'll fix it.

It could go that way, or they may have a policy to resit such claims, to avoid the risk of opening the flood gates, much like most councils will fight and try to avoid admitting liability in cases of cars damaged by potholes, and why most motor insurers will not even attempt to recover costs from councils in such circumstances.
 
Nest stage will be that they'll be claiming that all the weather incidents are fakes
Thing is, they've been alighting on the phrase climate lockdown since last year when they realised it had the potential to draw in the disaffected & conspiracy brigade to their denialist agendas.
 
On the plus side, they will presumably have A Process that gets followed, with evidence for formal risk assessment or otherwise. They will make a decision about whether or not they are to blame, and it will be one made dispassionately by people in an office that don't care that much either way. If they decide they are not to blame, it'll be more trouble than it's worth to fight it, I'd personally say. On the other hand, they're more likely than a private individual to hold their hand up and say they'll fix it.
Yep. I’ll just ask them, they’ll definitely have a Process. Good relationship with them is important to me obvs but it’ll need a tree remover before any fence fixing can happen. Looks dramatic but it’s not urgent.
 
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