Advice Required: Who Is Responsible For A Tree?

Post by **Gayno** » Tue Jul 23, 2013 9:07 pm

At my parents house there is a tree out the front near the road.

The tree is located on a small strip of grass between the driveway and the pavement/road (driveway runs parallel to the road exiting into a layby).

Due to its proximity to the road, it overhangs the road, so every couple of year the council rock up and trim a nice lorry shaped chunk out of it (along with al the other trees along the road).

It has now got to the point where it's over hanging the driveway quite badly, and should the worst happen and the tree falls towards the house, well, it's game over for the house.

Are there any hard and fast rules as to who is responsible for the tree? My parents, or the council? Is it as simple as if the tree trunk is within the boundary of the property, it is my parent's responsibility?

If it is so, do the council have right to trim it without my parent's consent, or is it a special clause due to it over hanging the road?

Post by **Vtecmec** » Tue Jul 23, 2013 9:39 pm

Looked into this recently as my parents have a similar issue.

They have a right to cut the parts of the tree that overhang the boundary, but have to pay for this and disposal themselves, unless its a fruit bearing tree in which case they have to offer the cuttings back to the owner in the first instance.

Sounds like it's the councils responsibility, you can call them and get them to have a look, if it is a liability and they are smart they will cut it back as if it does fall they are liable for the damage. Though you can't force them to do so.

Have a root around on here.

http://www.gardenlaw.co.uk/phpBB2/index.php

Post by **Gayno** » Tue Jul 23, 2013 9:55 pm

Thanks bud,

Will get mum to find out the deeds and boundary plans tomorrow and have a gander.

She's said if it's on her property and therefore her tree, she wants to cut the whole thing down!

Shiny · Post by **Shiny** » Tue Jul 23, 2013 10:16 pm

Don't touch it until you find out if it has a preservation order on it. You can get massive fines and even go to prison!

It probably belongs to the council if it is outside your boundary wall. Speak to the council and seek advice, they probably maintain it if is causing disruption on your land and potential damage to your house.

Post by **Gayno** » Tue Jul 23, 2013 10:27 pm

Oh of course. This is why we are now looking into it.

Bloody thing is a nuisance, it's been dropping little buds for the last 2 weeks now, as well as sap, so the little bud are sticking to cars/shoes/anything they touch.

lxstuart · Post by **lxstuart** » Tue Jul 23, 2013 10:32 pm

It would be an awful shame if the tree were to die.
It would have to be taken down if it were dead, as it could fall on someone/thing.

89 UKDM BA4 4WS (resto job!) · Post by **wurlycorner** » Tue Jul 23, 2013 10:39 pm

Can I just say though, that trees are generally very nice things*

If it's the council's tree and you raise your concerns to them, they'll probably come round, assess it and trim it if needs be.

*specifimens such as leylandii aside and when neighbours aren't interested in managing them at all and they end up causing damage to neighbouring property

mercutio · Post by **mercutio** » Tue Jul 23, 2013 10:41 pm

yeah if its a good tree ie not a leylandii then get them to trim it if its a leylandii a few copper nails hammered into the tree should deal with it

Post by **paul bristol uk** » Tue Jul 23, 2013 11:04 pm

Its probably a lime tree from this "Bloody thing is a nuisance, it's been dropping little buds for the last 2 weeks now, as well as sap, so the little bud are sticking to cars/shoes/anything they touch."

Speak to the council and ask them in writing whose what tree it is and if there is a preservation order on it. I stress in writing! and come back to me with their reply. My Stepson has a MA in tree management and it is his job to assess trees as to their danger to the public. I will put their reply to him. Unfortunately he is in Cumbria so he can't pop in and have a look!

YouTube · Post by **Sailor** » Tue Jul 23, 2013 11:08 pm

If the council own the land the tree is on, they must make it safe. You can, as above, remove parts overhanging your property, but not if it will make the tree unstable.

Whereas I bow to Shiny's superior knowledge in the correct treatment of a bush, I'd also check with the council what your local rules are regards to felling or even crown reduction. Even if it turns out to be your tree, you may need permission if it's over a certain size (commonly measured by trunk girth).

Hard luck about the sap. We do more damage to trees than they do to us! You should save it if you can.