When does a tree become dangerous
Discussion
Doesn't affect me in the slightest but looking out over a neighbours garden there is a conifer on the opposite side of them that is totally out of control. Just wondered what the score is on this wet Thursday!!
To put into context as I dont feel it's fair to post a picture of a neighbour, the tree is without exaggeration twice the height of the house (normal two story house with pitched roof), ground levels put the house slightly higher if anything than the base of tree. It is also at least 20-25ft wide.
I wouldnt want to sleep in there as the prevailing wind direction means if it comes down in high winds, chances are they are getting landed on. The land is owned by a local builder and has been for the past 25 years+ from looking at land registry, he keeps being refused planning to erect a house in a different place on the land to the existing barn so it just sits there. The bulk of the land is rented out and used as grazing but this bottom corner has been left and two conifers are the main features, one is much smaller for the moment.
Guess what I'm asking is what's the deal? Builder probably doesn't care, can they make him fell it? Etc
To put into context as I dont feel it's fair to post a picture of a neighbour, the tree is without exaggeration twice the height of the house (normal two story house with pitched roof), ground levels put the house slightly higher if anything than the base of tree. It is also at least 20-25ft wide.
I wouldnt want to sleep in there as the prevailing wind direction means if it comes down in high winds, chances are they are getting landed on. The land is owned by a local builder and has been for the past 25 years+ from looking at land registry, he keeps being refused planning to erect a house in a different place on the land to the existing barn so it just sits there. The bulk of the land is rented out and used as grazing but this bottom corner has been left and two conifers are the main features, one is much smaller for the moment.
Guess what I'm asking is what's the deal? Builder probably doesn't care, can they make him fell it? Etc
One came down up the road from me, then another a few weeks later, there are about 5 in total at the end of the gardens. One took out a couple of fences across two gardens, the second went the other way and took out a shed and a fence. Fortunately no one was around to get hurt. Spoke to the householder who I know, cost him £800 and £1K to have them removed and the remaining trees lopped, also had to fix the fences and help with the cost of a new shed. Told him he should get rid , he likes the screen they provide so is keeping them.
Raise the issue with the landowner, first have a chat, but if not understanding make sure you do it in writing and recorded delivery or email.
If the tree falls and you didn't raise concerns, then he has a defense of "I didn't know", but if he is notified and failed to get it assessed/take action and then it falls, he is negligent.
If the tree falls and you didn't raise concerns, then he has a defense of "I didn't know", but if he is notified and failed to get it assessed/take action and then it falls, he is negligent.
V8RX7 said:
When a qualified person says it is.
You can ignore them but if it then falls, you (the owner) becomes liable
A healthy conifer doesn't become a risk due to it's size.
Just a general query......You can ignore them but if it then falls, you (the owner) becomes liable
A healthy conifer doesn't become a risk due to it's size.
Can a healthy conifer, or any type of tree really, keep growing upwards - forever ?
Robertj21a said:
V8RX7 said:
When a qualified person says it is.
You can ignore them but if it then falls, you (the owner) becomes liable
A healthy conifer doesn't become a risk due to it's size.
Just a general query......You can ignore them but if it then falls, you (the owner) becomes liable
A healthy conifer doesn't become a risk due to it's size.
Can a healthy conifer, or any type of tree really, keep growing upwards - forever ?
V8RX7 said:
When a qualified person says it is.
You can ignore them but if it then falls, you (the owner) becomes liable
A healthy conifer doesn't become a risk due to it's size.
Very much this - being Joe Public and saying “I think it’s dangerous” won’t wash. Although if it fell down the next day, I’m not sure what kind of legal mine field would ensue.You can ignore them but if it then falls, you (the owner) becomes liable
A healthy conifer doesn't become a risk due to it's size.
My mum had this very issue, and a next-door neighbour told her via recorded delivery letter that he thought the tree was dangerous. It just so happened that the pre-booked tree surgeon arrived the next day and pollarded it back to normal size. Trees close to boundaries cause all manner of issues, and for those trees actually on the boundaries….
The neighbours behind me have a massive tree that’s got out of hand in their next door’s garden. If it falls toward their house, its close enough and big enough to take their roof off. The relevant homeowner has been quoted £3K to sort it, which she can’t afford. They are concerned.
Many conifers are shallow rooted.
They can be very top heavy when mature.
As recently most parts of the Country have had heavy prolonged rain last month or so the ground is waterlogged.
If a conifer is in an exposed position in these conditions a gale wind can topple the tree by root lift.
They can be very top heavy when mature.
As recently most parts of the Country have had heavy prolonged rain last month or so the ground is waterlogged.
If a conifer is in an exposed position in these conditions a gale wind can topple the tree by root lift.
sfella said:
Doesn't affect me in the slightest but looking out over a neighbours garden there is a conifer on the opposite side of them that is totally out of control. Just wondered what the score is on this wet Thursday!!
To put into context as I dont feel it's fair to post a picture of a neighbour, the tree is without exaggeration twice the height of the house (normal two story house with pitched roof), ground levels put the house slightly higher if anything than the base of tree. It is also at least 20-25ft wide.
I wouldnt want to sleep in there as the prevailing wind direction means if it comes down in high winds, chances are they are getting landed on. The land is owned by a local builder and has been for the past 25 years+ from looking at land registry, he keeps being refused planning to erect a house in a different place on the land to the existing barn so it just sits there. The bulk of the land is rented out and used as grazing but this bottom corner has been left and two conifers are the main features, one is much smaller for the moment.
Guess what I'm asking is what's the deal? Builder probably doesn't care, can they make him fell it? Etc
As soon as it’s planted. It is potentially dangerous 😏To put into context as I dont feel it's fair to post a picture of a neighbour, the tree is without exaggeration twice the height of the house (normal two story house with pitched roof), ground levels put the house slightly higher if anything than the base of tree. It is also at least 20-25ft wide.
I wouldnt want to sleep in there as the prevailing wind direction means if it comes down in high winds, chances are they are getting landed on. The land is owned by a local builder and has been for the past 25 years+ from looking at land registry, he keeps being refused planning to erect a house in a different place on the land to the existing barn so it just sits there. The bulk of the land is rented out and used as grazing but this bottom corner has been left and two conifers are the main features, one is much smaller for the moment.
Guess what I'm asking is what's the deal? Builder probably doesn't care, can they make him fell it? Etc
Hmnn...interesting given I have a very large old tree in the garden.
I take it from the comments that if our tree falls onto my neighbor's house I am liable (house insurance covers?). But if I preempt this by getting a professional around and they say it's okay would that mitigate my liability or, would the report be so full of disclaimers it would be worthless or, shows I already had concerns? Or is there another 'or'....
I take it from the comments that if our tree falls onto my neighbor's house I am liable (house insurance covers?). But if I preempt this by getting a professional around and they say it's okay would that mitigate my liability or, would the report be so full of disclaimers it would be worthless or, shows I already had concerns? Or is there another 'or'....
Julia121 said:
Hmnn...interesting given I have a very large old tree in the garden.
I take it from the comments that if our tree falls onto my neighbor's house I am liable (house insurance covers?). But if I preempt this by getting a professional around and they say it's okay would that mitigate my liability or, would the report be so full of disclaimers it would be worthless or, shows I already had concerns? Or is there another 'or'....
You are only liable if you are negligent. So if the tree is dead, or you are told by a tree surgeon its dangerous and it then comes down you would be liable.I take it from the comments that if our tree falls onto my neighbor's house I am liable (house insurance covers?). But if I preempt this by getting a professional around and they say it's okay would that mitigate my liability or, would the report be so full of disclaimers it would be worthless or, shows I already had concerns? Or is there another 'or'....
You wouldnt be liable if you had a perfectly healthy tree which came down because of exceptionally high winds as you couldnt predict it happening.
Chrisgr31 said:
Julia121 said:
Hmnn...interesting given I have a very large old tree in the garden.
I take it from the comments that if our tree falls onto my neighbor's house I am liable (house insurance covers?). But if I preempt this by getting a professional around and they say it's okay would that mitigate my liability or, would the report be so full of disclaimers it would be worthless or, shows I already had concerns? Or is there another 'or'....
You are only liable if you are negligent. So if the tree is dead, or you are told by a tree surgeon its dangerous and it then comes down you would be liable.I take it from the comments that if our tree falls onto my neighbor's house I am liable (house insurance covers?). But if I preempt this by getting a professional around and they say it's okay would that mitigate my liability or, would the report be so full of disclaimers it would be worthless or, shows I already had concerns? Or is there another 'or'....
You wouldnt be liable if you had a perfectly healthy tree which came down because of exceptionally high winds as you couldnt predict it happening.
Chrisgr31 said:
You are only liable if you are negligent. So if the tree is dead, or you are told by a tree surgeon its dangerous and it then comes down you would be liable.
You wouldnt be liable if you had a perfectly healthy tree which came down because of exceptionally high winds as you couldnt predict it happening.
That to me sounds perfectly fair, and is something I have seen written before.You wouldnt be liable if you had a perfectly healthy tree which came down because of exceptionally high winds as you couldnt predict it happening.
However there are also people pedaling the need for annual testing, usually those who provide the service!
What is the risk?
Each year between 5 and 6 people in the UK are killed when trees or branches fall on them. Around 3 people are killed each year by trees in public spaces. Thus the risk of being struck and killed by a tree or branch falling is extremely low (in the order of one in 10 million for those trees in or adjacent to areas of high public use). However the low level of overall risk may not be perceived in this way by the public, particularly following an incident.
The average risk is firmly in the “broadly acceptable” region of the tolerability of risk triangle published in HSE’s “Reducing Risks Protecting People”. However, “Reducing Risks, Protecting People” explicitly states that “broadly acceptable” is a general guide and not a definitive statement of what is reasonably practicable in law.
Appendix
Given the large number of trees in public spaces across the country, control measures that involve inspecting and recording every tree would be disproportionate to the risk. Individual tree inspection is only likely to be necessary in specific circumstances.....
.... a system for periodic, proactive checks is appropriate. This should involve a quick visual check for obvious signs that a tree is likely to be unstable and be carried out by a person with a working knowledge of trees and their defects, but who need not be an arboriculture specialist. Informing staff who work in parks or highways as to what to look for would normally be enough....
From: https://www.hse.gov.uk/foi/internalops/sims/ag_foo...
Daniel
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