Who is responsible for clearing a fallen tree?

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There are many reasons why a tree may fall. An old, diseased or dead tree may have been leaning for many years before finally falling or an ‘act of God’ such as strong winds or a bolt of lightning may cause a perfectly healthy tree to fall without warning.

Whatever the reason, a fallen tree is not only unsightly, but if in the wrong place and causing an obstruction, can be potentially dangerous. Even in the relative safety of your back garden, it can become harmful as it decays; therefore it is imperative that it is removed as quickly as possible.

But who is responsible for clearing a fallen tree? It can depend on a number of factors: ownership, location and reason for falling.

Ownership

A major part in determining who is responsible for removing a tree is dependent on who it belongs to. Most land, and the trees growing on it, will belong to a person, company or authority, such as a council.

Once ownership has been ascertained, they can be held responsible for either removing the tree themselves, or paying a company such as Prince Tree Surgery to clear it on their behalf, particularly if another party is able to prove negligence on the owner’s part.

Location

It’s pretty black and white when it comes to owning a tree that has fallen in your property – you are completely responsible for its removal and the associated costs.

However, if you own the tree but it falls on your neighbour’s land, you and your neighbour will be required to come up with an agreement on how the tree removal should be carried out. If any negligence on your part caused the tree to fall, you will be liable for any costs incurred.

Please note that you must seek permission from your neighbour to clear it; you can’t simply walk into their garden to clear up any damage. This is also true when it comes to dealing with public areas, and in certain circumstances, specialists may have to remove the tree immediately (it may be blocking a road), in which case, the local authority would probably take responsibility for its safe removal and then present you with an invoice.

Act of God

There are certain events such as lightning striking or gale force winds that may cause a tree to fall – these are called ‘acts of God’. In these circumstances, no-one is held responsible, although if you are the owner of the tree and it has fallen into a neighbour’s property, it would be good manners to offer to help remove it from their land.

However, if you have knowingly left a rotting or damaged tree in your garden and it falls, causing damage to another person or authority’s property, you will be considered negligent for not removing the tree despite the obvious risk.

Ultimately, whether you are the owner or not, if a tree had fallen on your land, you will most likely be responsible for its removal, even if someone else is responsible for the costs. At the very least you will have to agree a time when someone can visit your home and remove the tree and any debris. You may have to pay for the removal yourself and then pass the bill on to the person financially responsible, or in some cases, take the person you believe liable to court to recover your costs.

What’s the most dangerous tree you have ever had to deal with?

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We have dealt with some amazing trees in the 22 years we have been qualified as tree surgeons, but one that sticks in my mind was a large Oak tree that fell on to a local Care Home overnight in high winds. The challenge we had was to clear the tree from the roof without causing any more damage, whilst the most fragile residents were still in their beds as they couldn’t be moved! When we arrived there was a missive split in one of the branches and it was in danger of falling further into the windows on the ground floor. We had to make struts from some of the branches and use them like massive “forks” to prop up the tree and stop further movement. Then our expert climber Martin got onto the roof and started the delicate task of cutting the branches and throwing them to the ground – away from the property. It took a full day to remove the tree, the damage was not as bad as it could have been and the owners were really grateful for the care we took not to disturb the residents or let the tree fall further onto the home. The following day we returned to clear the site and remove the huge tree stump from the garden.

Why not view our video we have put together.

Try not to have sleepless nights lying awake listening to high winds, and worrying about that dangerous tree in your garden – give us a call at Prince Tree Surgery and we will happily come and do a FREE inspection for you and give you sound advice.

For more information just give us a call on 01277 229709 or view our services.

Don’t Let The Hosepipe Ban Dampen Your Spirit

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Save water during the hosepipe ban...

DESPITE the wet Easter weather, a hosepipe ban has been introduced across East Anglia.

People who flout the ban, which follows one of the driest two-year periods on record, face fines of up to £1,000. Water suppliers Thames, Southern, South East, Anglian, Sutton and East Surrey, Veolia Central and Veolia South East have all introduced ‘temporary use bans’.

The Government has urged householders to be “smarter about how we use water”. Using a hosepipe to water a garden, water plants, fill a pond not containing fish, or clean outdoor surfaces are all banned as are filling and maintaining ornamental fountains. But exemptions are in place for grass and surfaces used for national and international sports which means the Olympic and Paralympic games will be unaffected.

Here at Prince Tree Surgery, Brentwood’s leading tree surgeon, we are keen our clients do their bit for saving water, whilst also ensuring their trees and plants are well cared for. One of our top tips is the use of water butts, and B&Q say that its sales are up 196 percent on this time last year. The rain water is collects can be use to water your garden.

Other tips for saving water include:

• Use dishwaters and washing machines only when they are full.

• Use bathwater and washing-up water to wash the car and the garden.

• Save the cold water that comes through before a tap runs hot, and use it to water plants.

• Keep a jug of water in the fridge instead of waiting for the tap to run cold.

• Turn off the taps when you’re brushing your teeth or shaving.

• Install a water-saving device in the toilet.

• Grow your grass a little longer. It will stay greener than a close-mown lawn and need less watering.

Water companies say they have no option but to put the bans in place to preserve essential water supplies but say they also need their customers to help cut down on their usage. Most of the suppliers expect the ban to last all summer.

As tree surgery specialists, here at Prince Tree Surgery we offer a range of tree-planting services including planting of any size or scale, tree moving, maintenance plans and after care programmes and planting schemes.

If you would like any information about the service we offer please contact us on 01277 229709.

One Million Trees Planted In February

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PRINCE Tree Surgery, Essex’s leading tree surgery specialists, is delighted to report that a staggering one million trees were planted across the country last month.

It was announced The Woodland Trust aims to mark the Queen’s Diamond Jubilee by planting millions of trees, including new woodlands, and that it had met its target to get one million trees in the ground in February.

The February planting drive was kick-started by the Queen, who was joined by the Princess Royal to plant a tree at Sandringham at the beginning of the month. Clive Anderson, Dame Judi Dench, Kate Humble, Dermot O’Leary, a beefeater, Blue Peter and thousands of volunteers and children also planted trees to meet the target. More than 300,000 trees were planted by schools from free tree packs, 230,000 went out to communities, 236,000 were planted in 60-acre diamond woods and smaller jubilee woods, 43,500 were planted in private gardens and more than 200,000 were planted by partner organisations and at Woodland Trust sites across the UK. Click here to read more…

Here at Prince Tree surgery we endorse any project or initiative that prompts tree growth and protects our environment for years to come. Our native trees, individually or in woodlands, provide great habitats for wildlife and the sustainable cultivation of trees for renewable low-energy construction materials, charcoal, food and as an alternative energy source are significant ways in which every tree will matter in years to come.

Georgina McLeod, director of the Jubilee Woods project, said: “Achieving the February million is great news and is a fantastic accomplishment to start the year.”

She said that since the project launched in February 2011, the Trust had planted 2.75 million trees, and raised £4 million for the scheme, and was well on its way to meeting the target of six million trees – which will cost £8 million.

She added: “We want to give everybody the chance to plant trees and we’re appealing to our supporters; individuals, organisations and businesses, to help make this happen and we hope that millions of people across the UK will take the opportunity to get involved in 2012.”

Please call us at Prince Tree Surgery for any of your tree surgery needs on 01277 229709. All of our tree surgeons are fully qualified professionals dedicated to providing you with a top quality tree surgery service.