Liability if tree/branch falls on main road

[MitchT]

I've seen a house for sale. It has a lovely 70m long back garden. Two thirds of this is lawn and garden, the final third is trees. The trees back onto a main road. If I buy the house and a storm brings down one of these trees or a large branch and the road is blocked, who is liable? I'm not someone who can make thousands of pounds appear out of nowhere to fix something if the powers that be decide it's my fault, so it may be a simple case of forget it.

[sherman]

Buy a chsinsaw and appropriate PPE. Say sorry to the police officer forblocking the road and chop it up and lob it all in the bin/log store and reopen the road

https://www.toolstoreuk.co.uk/stihl-ms182-16-petro...

[Mr Pointy]

MitchT said:

I've seen a house for sale. It has a lovely 70m long back garden. Two thirds of this is lawn and garden, the final third is trees. The trees back onto a main road. If I buy the house and a storm brings down one of these trees or a large branch and the road is blocked, who is liable? I'm not someone who can make thousands of pounds appear out of nowhere to fix something if the powers that be decide it's my fault, so it may be a simple case of forget it.

If it comes down in a storm your insurance should cover it. If you want to cut it down it will cost you.

[anonymous-user]

I would imagine that your home insurance includes public liability insurance that would cover you in this eventuality anyway. Worth checking.

[akirk]

The law changed about 20 years ago…
You are now liable for the trees on your land - unless you can show that they have been kept in good order etc

So regular 5yr or more frequent inspections…
And good insurance

[hidetheelephants]

Trees need maintenance just like any other part of a garden, the choice is between paying a tree surgeon or learning to DIY.

[andy43]

We had a call to say a ‘healthy’ tree on land we own started leaning a couple of weeks ago after a storm as the ground was so waterlogged. In the end it was moving that quickly and on such soft ground that the police closed the road as it became too dangerous to climb it and drop it in sections, we couldn’t even get a tractor in safely to stabilise it. Western Power came out, switched off and dropped the power lines while a tree surgeon with a farm telehandler dropped the whole tree into the road and cleared everything, working until midnight when the lines were reinstalled and energised. It took out another tree and the local phone lines on the way down. £3000 surgeons bill - we won’t be claiming on insurance for that as it’d just make insurance more difficult going forward. From what the surgeon said it’s doubtful we’ll get bills from the grid or Openreach.

As long as you have liability insurance to protect life and limb (sorry) you should be fine.

[OutInTheShed]

A relative has a couple of big trees near an A-road.
The local Hiighways people were on their case to keep them safe.

Not that expensive in the scheme of things, to have a tree surgeon have a look every other year and trim where needed.

[andy ted]

We have a big tree that borders a road - check if it’s got a TPO on it before doing any diy to it!

We get it surveyed at the intervals the surveyor recommends and do any work to it that comes out of the report - the tree surgeon we use handles all the tpo paperwork.

Ours is a local one with a good reputation and they found the tree surveyor for us when we moved in - and the tpo paperwork seems a formality.

Prob costs us around £1500-£2k every few years for a survey and then lifting above the road and reducing the crown a bit

[MitchT]

Thanks all - some interesting info.

To give you an idea, the trees on the left of the road in this pic are the ones I'm talking about. The end of the property would include some of these!

[paddy1970]

The liability for damage caused by a tree falling onto a public road depends on whether you, as the property owner, have taken reasonable steps to maintain the trees.

Before purchasing, consider having the trees inspected to assess their condition and any risks. A professional can give you an idea of the ongoing maintenance required.

If tree risks are significant, you could negotiate for the seller to deal with immediate maintenance or adjust the purchase price.

Afterwards, select an insurer that cover liability for falling trees.

[andy43]

MitchT said:

Thanks all - some interesting info.

To give you an idea, the trees on the left of the road in this pic are the ones I'm talking about. The end of the property would include some of these!

That’s a big road and big trees! Tree survey and regular maintenance plus insurance and you’d be fine but as above it’s a good negotiating point.

[hidetheelephants]

Eeep. Those are in some need of trimming. Definite point to negotiate with the vendor.

[LooneyTunes]

MitchT said:

Thanks all - some interesting info.

To give you an idea, the trees on the left of the road in this pic are the ones I'm talking about. The end of the property would include some of these!

Tree surgery isn’t that expensive if you find a surgeon and build a decent ongoing reputation with them.

The bit you can’t really control is any Traffic Management costs that the council impose. It’s not usually too bad if they will allow a single lane closure, but gets expensive if you need a complete closure for the works. Again that’s where a friendly tree surgeon (who will organise that side of things) can help keep costs under control.

[chrisch77]

I’d be checking the deed plan first to confirm that the trees you think are part of the property aren’t actually located in the road curtilage and therefore owned by the council’s highways department.

[GSA_fattie]

just read this web site

https://ntsgroup.org.uk/

[PArbor1]

The highway author has a duty to keep roads clear, if the tree fails onto the highway, normally they will clear it. In some circumstances the HA can recharge.

If your trees are noted as being in a dangerous state, the HA can serve a section 154 notice under the Highway Act 1980 onto the tree owner giving them 14 days to carry out he described work and if the work is not completed, the HA can enter your land and carry out the work and recover costs from you.

Aside from that, if the tree failed onto the highway, killing or injuring someone, you could be found liable.

[TwigtheWonderkid]

paddy1970 said:

The liability for damage caused by a tree falling onto a public road depends on whether you, as the property owner, have taken reasonable steps to maintain the trees.

Indeed. In order to be liable, you need to be shown to have been negligent by the person or organisation claiming against you. A healthy well maintained tree coming down in a storm will not be down to you. House contents insurance (not often buildings) usually comes with at least £2m third party liability cover. So as long as you have that, you'll be covered if you are shown to have been negligent.

[MitchT]

Here's a map I found online. House indicated by red dot. Road and trees marked in red text. Looks like the boundary of the garden may fall short of the roadside with the trees on a strip that aren't part of the property.

[WhiskyDisco]

The trees could be sitting on what's known as a ransom strip. It's intended to prevent the building of another estate of houses at the bottom of one or more houses.