A large heritage tree in Edmonton has caused a man grief after a massive limb snapped off and landed on his three vehicles.
“I came outside and all you could see was the tree overtop of the vehicles," says Darren Rekush.
Rekush has been renting a house in the Highlands community for three years.
He says he enjoys the peaceful neighbourhood, adding that the many trees are part of his attraction to the area, including the 105-year-old heritage American elm tree in the neighbouring property.
"I love it; I showed it to all my friends,” he says. “If I was young I would be climbing that tree."
However, on May 23rd part of that tree broke off and fell towards Rekush’s yard, damaging the garage and writing off his three vehicles.
The damage includes large dents to the roof and door frame of the first vehicle, the windshield smashed out of second one, and damage to the back window and frame on the third.
"It’s something you don't ever want to happen and something you don't think is going to happen to you," he said.
Overall Rekush says the damage is quoted at $9,500.
The large elm tree grows on the Highlands United Church property next door.
Reskush says Aviva Canada, the church’s insurance company, has denied his damage claim saying they couldn’t find any negligence on behalf of the church.
The Insurance Bureau of Canada says it won’t comment on this case specifically, but in general it’s very difficult to prove negligence.
IBC says the owner should file a claim with their own insurance company and then their insurance company would have to make arrangements with the neighbour’s insurance company for money.
But in this case, the Rekush family has limited insurance on their vehicles so their insurance company won’t cover the damages either.
“My daughter was actually devastated,” he says. She had just bought the car about two weeks before the tree fell on it.
Aviva Canada says due to privacy and legal issues they cannot comment on individual claims, but for context, says that damage caused by a tree on one homeowner's property to a neighbour's property is something that would be covered by the neighbour's property or auto insurance coverage.
The only exception would be if there was negligence such as not attending to a damaged or dying tree.
But Reskush says he has never seen the tree maintained, adding it has a lot of soft and dead spots on it.
"Gotta be some common sense, these trees need to be maintained," he said.
“Even cutting all the dead wood off this makes the rest a lot healthier, but I've been here three and a half years and I've never seen anyone attend to this."
But the City of Edmonton says there are no bylaws about maintaining or required pruning of trees on private property, unless they hang over or interfere with city or public property.
Ruskush says the Church is consulting experts and they are thinking of cutting the tree down now, saying that the limb falling off may have shocked the tree and made it unstable.
"With a bad tire you change it; if you have a bad tree in your yard you're going to have to address it."
With files from Julie Matthews.
© Global News. A division of Shaw Media Inc., 2012.