Overhanging / Dangerous trees
Discussion
Posting this in the hope that someone with experience of this sort of thing can point me in the right direction.........
We have a terrace house that backs on to woodland that is not occupied. The landowner(s) live somewhere else and as far as I know don't visit the land.
On this land are a number of trees which don't appear to have been maintained as in cut back etc.
Twice now, large bits of trees have fallen into ours (and our neighbour's) gardens causing damage. First time was fence repairs so not hugely expensive, second time was a whole 20 metre + tree that fell and caused shed and fence damage that was £2k +.
Luckily there were no injuries although next time might not be so lucky.
We have had a tree surgeon look at some of the trees, one in particular is apparently in not very good condition at all and could fall down - it's 20+ metres high and quite thick, so it would definitely cause damage and if it fell on someone in the gardens would cause injury. There are others that need a bit of work as well.
We are in the process of contacting the landowner and we are also in contact with the council - and we aren't getting too far with either.
Ideally, we'd like the council to compel the landowner to do something about his trees..........or am I completely wrong in this assumption?
The quote for the remedial tree surgery is £2k+ which I don't see why I should pay, and I'm too old to go hammering frozen sausages in lawns and too small to dominate the garden / stairs / roadway etc.
Is there anyone out there either with experience of this or some knowledge of the relevant legislation or procedure?
We have a terrace house that backs on to woodland that is not occupied. The landowner(s) live somewhere else and as far as I know don't visit the land.
On this land are a number of trees which don't appear to have been maintained as in cut back etc.
Twice now, large bits of trees have fallen into ours (and our neighbour's) gardens causing damage. First time was fence repairs so not hugely expensive, second time was a whole 20 metre + tree that fell and caused shed and fence damage that was £2k +.
Luckily there were no injuries although next time might not be so lucky.
We have had a tree surgeon look at some of the trees, one in particular is apparently in not very good condition at all and could fall down - it's 20+ metres high and quite thick, so it would definitely cause damage and if it fell on someone in the gardens would cause injury. There are others that need a bit of work as well.
We are in the process of contacting the landowner and we are also in contact with the council - and we aren't getting too far with either.
Ideally, we'd like the council to compel the landowner to do something about his trees..........or am I completely wrong in this assumption?
The quote for the remedial tree surgery is £2k+ which I don't see why I should pay, and I'm too old to go hammering frozen sausages in lawns and too small to dominate the garden / stairs / roadway etc.
Is there anyone out there either with experience of this or some knowledge of the relevant legislation or procedure?
PV7998 said:
We have a terrace house that backs on to woodland that is not occupied. The landowner(s) live somewhere else and as far as I know don't visit the land.
In and of itself, not an issue.PV7998 said:
Twice now, large bits of trees have fallen into ours (and our neighbour's) gardens causing damage. First time was fence repairs so not hugely expensive, second time was a whole 20 metre + tree that fell and caused shed and fence damage that was £2k +.
If the landowner is not negligent, then that's down to your house insurance.But if the landowner can be shown to be negligent in ensuring the trees are healthy and in good condition, then it's on their tab - issue a small claim for the cost of the damage, if they won't pay voluntarily.
There have been some very strong storms and a lot of snow in the last few months - and that can cause problems for even healthy mature trees, so trees merely shedding limbs or even falling is not proof of negligence.
PV7998 said:
We have had a tree surgeon look at some of the trees, one in particular is apparently in not very good condition at all and could fall down... There are others that need a bit of work as well.
OK, so there may be negligence there. Or there may be a tree surgeon touting for work.PV7998 said:
We are in the process of contacting the landowner and we are also in contact with the council - and we aren't getting too far with either.
Ideally, we'd like the council to compel the landowner to do something about his trees..........or am I completely wrong in this assumption?
You definitely need to get in contact with the landowner. In what way are you "not getting far"?Ideally, we'd like the council to compel the landowner to do something about his trees..........or am I completely wrong in this assumption?
Not sure what the council have to do with it.
PV7998 said:
The quote for the remedial tree surgery is £2k+ which I don't see why I should pay
You can't go round cutting his trees down, anyway. You can trim anything that's overhanging your land, though.As far as injury goes... don't hang about under trees in a storm.
Well OK you've pointed out a few things that are relevant like the Tree Surgeon may be touting for work and I can't just go cutting down trees and other stuff but you've sort of hit the nail on the head with your comment "Not sure what the council have to do with it"............that was pretty much the whole point of the post - Do the council have anything to do with it?........On the face of it, the owner of a piece of land has a tree on it that is in danger of falling onto the neighbour's and causing damage or injury......so can / should the council take any action to compel the landowner to make his land safe to live next door to?
I'll take heed of your comment about standing under a tree in a storm though.
I'll take heed of your comment about standing under a tree in a storm though.
PV7998 said:
you've sort of hit the nail on the head with your comment "Not sure what the council have to do with it"............that was pretty much the whole point of the post - Do the council have anything to do with it?.
AIUI the council should only get involved where there is a danger created in a public place, as your back garden isn't a public place its a civil matter.Plenty on google.
One at random for you:
"Trees on private land are the responsibility of the land owner and not Telford & Wrekin Council. The Council has no powers to intervene in disputes regarding private trees."
goes on to say:
"Dangerous trees on private land
If a tree on private land is an immediate danger but is not located on a highway, powers exist under section 23 (1-7) of the Local Government (Miscellaneous Provisions) Act 1976. In these cases the Council will contact the owner to ask them to make the tree safe. If the works are not undertaken by the owner and the tree has been assessed by a Council Tree Officer to be an immediate danger then the legislation allows the Council to remove the tree and charge the owner the full cost of the work."
http://www.telford.gov.uk/info/1018/streets_and_ro...
I'd suggest from the above that the point to prove is 'immediate danger' & if your council's tree officer doesn't agree then they aren't going to get involved.
One at random for you:
"Trees on private land are the responsibility of the land owner and not Telford & Wrekin Council. The Council has no powers to intervene in disputes regarding private trees."
goes on to say:
"Dangerous trees on private land
If a tree on private land is an immediate danger but is not located on a highway, powers exist under section 23 (1-7) of the Local Government (Miscellaneous Provisions) Act 1976. In these cases the Council will contact the owner to ask them to make the tree safe. If the works are not undertaken by the owner and the tree has been assessed by a Council Tree Officer to be an immediate danger then the legislation allows the Council to remove the tree and charge the owner the full cost of the work."
http://www.telford.gov.uk/info/1018/streets_and_ro...
I'd suggest from the above that the point to prove is 'immediate danger' & if your council's tree officer doesn't agree then they aren't going to get involved.
Edited by paintman on Friday 6th April 11:23
I think a report from a reputable tree surgeon mailed to the landowner is enough to ensure if/as/when something happens a negligence claim would be upheld. You can't easily force the landowner to do anything - they need to remedy to prevent you sueing for damages. As others have said, a tree falling in a storm is not negligence. A tree falling in a storm after it has been assessed and the owner advised it is likely to fall, probably is negligence if they do nothing about it.
The Tree owner has a duty under the Occupiers Liability Act 1957 & 1984 which places a duty of care on occupiers to ensure that their trees are not a danger to others.
If you can find out who the land owner is you should sending him a recorded letter stating any serious defects on the tree, this would make him aware and if someone was hurt or killed the tree owner could be negligent.
The local authority has powers under The local Government (Miscellaneous Provisions) Act 1976 which gives the local authority power to take action in respect of trees that are thought to be dangerous where the tree owner either cannot be found or won’t carry out remedial works.
This Act is used as the last resort where a tree is iminantly dangerous and not where the danger might be long term.
Speak to your local authority Tree Officer and see if he can make a site visit to look at the trees in question.
If they use the powers of the act they will serve notice on the land owner/occupierto make the trees safe within 21 days of the notice. If the work isn’t carried out the local authority can carry out the work and invoice the land owner. If the land owner can’t be traced a land charge will be put on the property and when ever the land is sold in the future there costs will be taken from the sale.
If you can find out who the land owner is you should sending him a recorded letter stating any serious defects on the tree, this would make him aware and if someone was hurt or killed the tree owner could be negligent.
The local authority has powers under The local Government (Miscellaneous Provisions) Act 1976 which gives the local authority power to take action in respect of trees that are thought to be dangerous where the tree owner either cannot be found or won’t carry out remedial works.
This Act is used as the last resort where a tree is iminantly dangerous and not where the danger might be long term.
Speak to your local authority Tree Officer and see if he can make a site visit to look at the trees in question.
If they use the powers of the act they will serve notice on the land owner/occupierto make the trees safe within 21 days of the notice. If the work isn’t carried out the local authority can carry out the work and invoice the land owner. If the land owner can’t be traced a land charge will be put on the property and when ever the land is sold in the future there costs will be taken from the sale.
Thread update........
Using the information in my OP and the posts from Paintman and PArbor1 I put together a letter to the local council setting out the history, my assessment of the condition of the trees and my concerns, based on the history of past damage.
I got a very prompt and helpful reply from a Tree Officer at the Council.........he's going to contact the landowner to "bring it to their attention and remind them of their responsibilities". The Tree Officer has also mentioned the option of enforcement,
Problem not solved by a long way yet, but this is an encouraging start - once again, thanks to all, particularly Paintman and PArbor1.
Using the information in my OP and the posts from Paintman and PArbor1 I put together a letter to the local council setting out the history, my assessment of the condition of the trees and my concerns, based on the history of past damage.
I got a very prompt and helpful reply from a Tree Officer at the Council.........he's going to contact the landowner to "bring it to their attention and remind them of their responsibilities". The Tree Officer has also mentioned the option of enforcement,
Problem not solved by a long way yet, but this is an encouraging start - once again, thanks to all, particularly Paintman and PArbor1.
Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff