Hi there, A monkey puzzle tree in my garden standing roughly 12 metres tall fell over in a storm this year. I hate to ask legal type questions, but it coused quite a lot of damage and my insurance claim depends on whether or not the tree fell because it was dead (i.e. my landlord should have known and had it removed). The tree had been leaning considerably (1-2 metres over at the top), and the branches were all dead. furthermore, when it fell, it tore up a root ball only 2 metres across, which I would have thought was evidence that the roots were rotten. The insurers involved are claiming that the tree was still alive because there was evidence of 'The movement of sap' in the main trunk. I know nobody can give me any legally binding info, but I would be very interested to hear your opinions. thanks hector.
Thought this was going to be a query about your Member of Parliament!! :-) Have you got some photos from before it fell, and immediately after? In my opinion a leaning Monkey-puzzle is at high risk of falling, regardless of whether it was dead or alive; the trunk always grows very straight, and a leaning stem indicates it has shifted and will have damaged roots. It isn't like a lot of broadleaf trees which can naturally grow leaning at an angle and be safe.
