Who is liable for these fallen trees...

D

Drakon

Registered User
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I've read a number of posts regarding the responsibility/liability for fallen trees. The general consensus is that it's the owner/landowner, which is understandable.

However, what happens in the case where there is a ban on the owner from cutting or felling the tree? I can think of tree (pun intended) cases where this is possible:
  • TPO
  • Felling licence pending
  • Felling licence refusal
In these cases, and possibly more, the owner is prohibited by law from cutting the trees. In some cases it is punishable by imprisonment. If such a tree falls on a road, car, house, etc., who is responsible and who is liable?
 
In this case like in the majority the person liable for the repairs would be the person who owns the item damaged subject to the owner of the tree not being neglegent
 
I have several trees that should they fall will end up on council road.
If they fall , due to Gale , am I liable for act of God?
 
Gerry Canning said:
I have several trees that should they fall will end up on council road.
If they fall , due to Gale , am I liable for act of God?
Click to expand...

To the best of my knowledge, you are responsible for your own property, in this case the trees.

(You would not be liable for an act of God, such as wind (unless you'd been on a diet of cabbage, beans and actimel)LOL!).

The crux of the issue here is the liability. Based on what kkelliher says, if you are not negligent you are not liable. And conversely, if you are negligent you are liable. I would assume that if the trees are healthy and on solid ground, you are not being negligent.

To go back to my original post, if a tree has a TPO, or if the owner has otherwise been prohibited from removing the tree, then the owner is not liable.
 
Good stuff, I hope I didn't offend. I just could not resist the pun.

There must be millions of healthy trees around the country, owned by both home owners and land owners, which could wrongly be used a source of "compo" by the unscrupulous.
 
It would seem that if you were negligent in that the tree was half rotten etc you are liable but would not your Insurance company might refuse to pay in that you did not tell them of this which could mean that you might be personally liable to pay for any damages. If the foregoing is correct there is surely a heavy onus on all who have trees on their property to ensure they are healthy and pose no risk other than an act of God?
 
I am of the belief that any tree that could fall/be felled by anything needs to be looked at immediately.

I live next door to a large area of old trees. Some of which we removed previously and then the landowner did a huge amount of work late last year. I spoke to the tree surgeon myself and asked about removing a few more near us at the time. He did two as all other healthy. Two fell last week, roots pulled from the ground...the ground had got so soggy they were easily windblown.

Iv seen other trees that looked healthy but were rotten in the core. The structure of the tree would have been very weak.
 
dewdrop said:
It would seem that if you were negligent in that the tree was half rotten etc you are liable but would not your Insurance company might refuse to pay in that you did not tell them of this which could mean that you might be personally liable to pay for any damages. If the foregoing is correct there is surely a heavy onus on all who have trees on their property to ensure they are healthy and pose no risk other than an act of God?
Click to expand...

You could only be deemed negligent if you knew or should have reasonably known that the tree was rotten as you cant be held negligent for something that you could not have known.
 
Gerry Canning said:
I have several trees that should they fall will end up on council road.
If they fall , due to Gale , am I liable for act of God?
Click to expand...

To be clear due to storm i would believe you would not be liable for the damage done to third party property but that does not mean your not liable for the cost of cutting up the tree or once you know its down not taking all reasonable steps to avoid any further damage to third parties as the owner of the tree
 
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