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Max Lowry
Max Lowry, Advocate
Category: UK Law
Satisfied Customers: 1457
Experience:  LLB, 10 years post qualification experience
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Behind our house is a communal parking area. This area is owned

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Behind our house is a communal parking area. This area is owned by the houses in the form of a Ltd Company with us all having equal shares. Boarding the edge of the area are a row of trees. They are within our boundary and belong to us. These trees are protected by TPOs. One of the owners in a house behind the trees has contacted us as he asserts that the trees are causing damage to his property (he has not been specific). He has asked to see our public liability insurance. The company does not have any. My questions are:
If it is established that the trees are causing damage: will our own household insurance cover any claim or because the property is owned by the ltd co does that preclude cover. Could he sue us as directors of the co for not having Public Liab Ins

Max Lowry :

Hi, welcome to Just Answer. I will help you with your question.

Max Lowry :

Your household insurance isn't likely to cover it- as this is for you as individuals, not the company.

Max Lowry :

There can be no claim by third parties against you as directors for not obtaining insurance.

Customer:

Can you explain in more detail why there would not be a claim against the directors

Max Lowry :

No claim against the directors because the directors do not owe duties to external third parties. They owe their only duties to the company.

Max Lowry :

If you think about it, you can't sue any director of any other company because they don't obtain insurance.

Customer:

Yes I see. Thank you. Is there any way then that this person could sue/claim for damages from us as 'ultimate ' owners/ individuals or are we protected by virtue of being a company with limited liability

Max Lowry :

No, you're protected by it being a limited company - thats the whole idea of having a limited company.

Customer:

Brilliant. Therefore I take it then that we can not be forced to maintain these trees either (but we currently do) and if we do nothing/ or in his view do insufficient maintenance and damage is caused he should claim on his own house insurance?

Max Lowry :

He might claim against the company due to its failures to maintain. The members of the company might seek to remove you as directors for not taking action that would prevent claims to it.

Max Lowry :

But you could as you suggest too.

Customer:

The company has no money, being made up of five households who are all directors....so....also being limited there is no money to be had.

Max Lowry :

OKay, well, if that's the case, then so be it!

Customer:

The co has no money and the members are five households who are all directors .....so.....also it is not our wish to be antagonistic with him. Thank you for the clarification.

Customer:

Can you also clarify that my name and or email address is not visible to any one else who may view this site and my queries? ty

Max Lowry :

You're welcome. Is there anything more that I can assist with tonight?

Max Lowry :

Your name and email address is not visible.

Max Lowry :

Please do remember to rate my answer, and if you need more general information in the future, do just let me know, and I'd be more that happy to try and answer your questions.

Max Lowry :

Is this okay?

Customer:

Yes- I wasn't sure if you'd replied!Thank you I will

Max Lowry :

Thanks! Have a great evening.

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