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Tree Risk - Who Is Responsible For Public Saftey

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smiths | 19:32 Sat 01st Nov 2008 | Civil
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My Mum lives in a house that has a very large tree at the back. A few years ago I asked the owner if I can take one of the offending trees down, he agreed and I signed a letter to say if there was any damage I would pay for it. I got in a professional that was insured and the job was done. Now one of the other trees is causing concern. If it blows over it will take my Mums house out. The land the tree is on has been sold so I contacted the representative for the new company that owns the land. I explained the situation and he told me the piece of land the tree is on is rented and so not their responsibility. I would have to speak to the person that rents the land. I did an and he has told me it's the responsibility of the owner. Again I have spoken to the representative of the company that own the land and explained the situation. I have offered to pay half the cost of getting the tree down, but it must come down as if we have winds like last year my Mum is in danger. He said not to worry as there is liability insurance on the land. Great help to my Mum if she gets hurt or worse. I have also been told by someone else I can't even chop the tree down and pay for it without the permission of the owner regardless if the person who rents the land gives me permission or not.
I don't know where to go now.
Can anyone help?

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So long as their is no Tree protection Order you can remove any branches that come over the boundary of your mums property. You could also contact the local council who often have a tree projection officer or an officer within environmental health or leisure services with responsibility for trees. If they believe its dangerous they can arrange for action to make it safe.
what makes you think this particular tree is going to fall over? if it is a big tree, it has probably been there for many many years without falling over. Is it dead or rotten? is it leaning? if no, i can see where the owners are coming from tbh. many people live near trees, and they arent going round getting squashed by them all the time
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Richard - sound advise. Many thanks.
bednobs - wouldent be going down this route if i didnt feel there was a risk of danger. However using Richards advise the council will no doubt be able to confirm one way or another.

Thanks for your help
Just a quick PS to Richard's advice. If you do cut any of the overhanging branches yourself, you have to put them back over to the neighbour's side of the property. I've never really understood why, as I can't see the neighbour wanting to keep them or having to arrange for their disposal themselves, but it is the law!
Not quite, whisky. You have to offer them to the owner to see whether he does want them. A subtle difference, and equally pointless!

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