Ownership of Trees

I am at a loss about this particular issue as I’ve had two conflicting opinions – one from the complex’s insurance broker and the second from the Strata Managers.  The issue is this.

In this 10-unit complex, we (along with four other units) have courtyards.  In our case it’s sizeable.  Within our space, there are two large trees and the thought occurred to me that, should a storm uproot one of them and cause extensive damager or, worse, injury to somebody either in our own complex or next door… am I insured?

Now, according to the insurance brokers I PROBABLY am insured by the Complex’s public liability cover.  But Probably doesn’t cut it for me and doesn’t fill me with confidence.  At the same time, the broker says that – legally – although the trees are in our backyard, the complex actually OWNS the trees, not me.  However, the Strata Manager says that WE own the trees and are responsible for them, their maintenance, upkeep and so on.

How do I ensure that I am covered in case the worst happens?  I’m not covered by the Home Contents’ insurance policy and I don’t really want an argument with an insurance company with deep pockets about who is responsible for damage or injury caused by the trees in our backyard – whether owned by me, or not. 

Input on this would be appreciated as I can’t imagine this has not arisen before.

Martin Barry

Sydney