Small Woodland Owners' Group

Fallen Tree

Paperwork, grants, legal issues

Fallen Tree

Postby hazelnuts » Tue Apr 01, 2014 3:49 pm

Does anybody know the law on fallen trees.
If a tree is windblown onto a neighbouring property is the tree owner legally obliged to pay for its clearance.
hazelnuts
 
Posts: 10
Joined: Sat Aug 03, 2013 6:22 am

Re: Fallen Tree

Postby SimonFisher » Tue Apr 01, 2014 5:57 pm

SimonFisher
 
Posts: 614
Joined: Sun Mar 30, 2008 5:00 pm

Re: Fallen Tree

Postby hazelnuts » Wed Apr 02, 2014 8:44 am

Thanks Simon
That was useful
hazelnuts
 
Posts: 10
Joined: Sat Aug 03, 2013 6:22 am

Re: Fallen Tree

Postby SimonFisher » Wed Apr 02, 2014 12:10 pm

So what's your answer then, or at least what details additional to what you posted might determine any responsibilty?
SimonFisher
 
Posts: 614
Joined: Sun Mar 30, 2008 5:00 pm

Re: Fallen Tree

Postby oldclaypaws » Wed Apr 02, 2014 2:34 pm

The short answer is yes, the tree owner is responsible for clearing it up and the cost of any damage it causes. Its easier if theres a friendly discussion about the logistics of when access is best, and if both parties are interested in using the fallen wood as fuel, there may be informal grounds for each chipping in a portion of the cost and sharing the fuel, although this is purely a more 'civilised' approach rather than anything legal. It may even be that the owner of the tree doesnt want the wood, the person whose property it fell in does, so even though the requirement is on the tree owner, the party with the tree down on their side might be happy to clear it up themselves if they keep all the wood.

A good relationship with neighbours helps immensely, life is so much easier if you make the effort to get on and avoid fallouts. At home I've just cleared a load of undergrowth from my neighbours side to gain access for erecting a new fence after the gales destroyed it, and he was so grateful for the tidying I did and the improvement to the boundary that he volunteered a contribution to the fencing cost, even though he had no obligation to do so. He also changes his cars every two or three years and always offers the old one to me at a bargain price; my last two cars have come from him, although this causes confusion to his friends when they wave at it only to realise someone else is driving it !
oldclaypaws
 
Posts: 1132
Joined: Mon Sep 02, 2013 5:13 pm


Return to All things legal

Who is online

Users browsing this forum: No registered users and 5 guests

cron