council owned trees causing damage

Damage to property. You should consult a solicitor if you are unsure of your legal rights or obligations. You should report it immediately to your building insurer. The trees are also very high and restrict sunlight into the rear garden. If an overgrown tree or hedge causes damage to your property, the owner may be liable for prosecution. If they confirm your findings you should notify your building insurer who may carry out further investigations and negotiate with your neighbour and his/her insurer. Trees near your home don't have to crash through your roof to cause damage. They will investigate and produce evidence which either blames a tree or identifies other causes. A Council owned tree overhangs my property. Riverside Northampton Borough Council endeavours to ensure a 2-metre clearance distance from overhanging trees to residential structures (i.e. We're responsible for managing trees on all council owned land, which includes: Roads and verges Can it be pruned or removed? To avoid the risk of damage, tree roots and shrubs shouldn't be planted too close to your property. Council owned trees We carry out regular tree risk management inspections on the trees in parks, countryside sites, car parks, cemeteries and all council housing land. Trees in physical contact with buildings, fences and other infrastructure. We can’t undertake work to trees that we own or manage simply because they affect the light or shade on your property but you can prune or trim trees that overhang your property. In law there is no legal obligation for a tree owner, private or public, to prune trees in order to prevent branches spreading over a boundary, unless structural damage is caused. ! well I have been told that I need council permission to get a laburnum tree cut down, it is riddled with ivy too its not my tree it belongs to the people who live behind us but it is council owned I ve been told that there is a £50000 fine if I just did it so obviously I cant afford that so I need council permission!! About storm damage and tree pruning The stormy weather over the last few years led to us prioritising hazardous trees and other issues. Policy: We do not prune or remove a council owned tree to stop the nuisance of overhanging branches. Tree overhanging property . We need these types of evidence as part of your application: Tree roots may enter an already damaged drain and cause a blockage. Trees and subsidence. Report damage caused by trees owned by the council to: If a council owned tree is causing damage to your property, you must first contact your home insurance company. Once inside a drain, roots are likely to proliferate and cause a blockage. 6 to underground services with evidence of the damage.Trees causing trip hazards Allegations of a trip hazard will be considered on a case by case basis. The council does not accept presumption of damage or unsubstantiated claims as being a case for removal of trees. The property was constructed in about 1981, and it comprised a two storey detached house with attached single storey garage. Stafford Borough Council If your question is not covered please contact us on the details below. The owner of a tree owes a duty of care to all third parties and is at all times liable for any nuisance or damage the tree causes. Tel: 01785 619 000 You must offer to return the cut branch wood and any fruit which is attached or has fallen onto your land. Types of tree work vary depending on: Species characteristics Age There was a couple that had an old tree in their own garden that was causing damage to their property which had a preservation order on it. Guidance: Council Owned Tree and Woodland Management Policy. Background This was a claim for damage to a property caused by the roots of trees for which the council was responsible. We publish advice on a range of matters including through Frequently Asked Questions on the following topics: Please note that information contained on this and other pages relating to trees is written for the benefit of tree owners, the general public and amenity groups and answers some of the most common questions relating to trees. They are ignoring all my messages. On 30th December, severe gales caused a number of trees to fall, blocking roads and causing damage to properties. This means we cannot do anything about a tree which blocks your view or shades your garden. In relation to trees there is no legal right to light or a view. You can take the owner to court, but the council cannot become involved. The council are unable to intervene in such problems until you have directly discussed your concerns with the neighbour. Trees can cause subsidence when their roots are in shrinkable clay. They will probably carry out further investigations and produce evidence that either blames a tree or identifies other causes. It is ground or foundation movement that normally results in the cracking of external and/or internal property walls. What will the council do about a tree that is causing me a problem? Heave can only occur where subsidence has occurred before it: the shrunken clay, in re-wetting, returns to its original volume, thus causing uplift to any foundation set upon it. Depending on your policy there may be a maximum dollar limit like $500 or $1000. Trees **Please note if your tree is not on council owned land please refer to tree works** Trees may require pruning to keep them in a safe and healthy condition. Trees that obstruct or overhang the public highway or a public right of way. Find out how Basingstoke and Deane Borough Council manages the maintenance of its trees and how you can apply for a council tree to be pruned or felled. Emergencies Tree damage to property Tree damage to a vehicle Contact with tree parts It is noted that these trees were planted by the developer of the Estate. If you think a council-owned tree close to your property is causing damage to your building, you should seek guidance from your building or household insurer. removing dead, diseased or dangerous trees on highways, parks, Council and private land (only in extreme situations). You can also employ a building surveyor or a structural engineer to produce evidence for you. tree web form. Trees causing a legal nuisance to an adjoining property. you'll need to do one of the following: We use cookies to ensure that we give you the best possible experience on our website. Couple win £38,000 payout after council refuses to chop down tree which damaged their home Bill and Mary Nicholson were awarded compensation after the Cedar tree's roots caused serious damage … The Council does not have responsibility for and does not undertake work to privately owned trees. Find out what to do if a council owned tree is causing excessive shade to If the tree is causing actual damage such as roots uplifting a deck or branches pushing down a fence, the owner can be held liable for “nuisance”, that is allowing his use of his property to damage the property of another. As well as meeting our legal obligations we also endeavour to be a “good neighbour” and strive to provide high quality trees that enhance the district and don’t unreasonably inconvenience or distress people who live near them. However the tree owner is not obliged to accept them, in which case you are responsible for their disposal. Find out how to report incidents involving damage caused by Council owned trees. There is a council owned tree blocking out sunlight. But poor maintenance combined with bad weather can result in trees and branches falling, causing property damage, serious injury and even fatalities. Tree is causing damage to shed and wall and cracks have now appeared on house. If you believe a publicly-owned tree is causing damage to your property: contact your insurer for an independent expert’s report; for a compensation claim to be successful, you must provide evidence of the cause of the alleged damage; Reporting problems with trees. Council owned trees Frequently asked questions We have agreed policy and practice covering a wide range of issues below. Unfortunately, this has had a knock-on effect of reducing the number of street trees pruned, and delayed pre-scheduled and proactive work by about a year. This can crack external and internal property walls. Trees add structure and drama to a garden but their size and potential to cause nuisance or damage means they can sometimes be a worry. If you feel that a tree is not meeting the minimum height clearance and is causing an obstruction please use our . If you suspect that a council owned tree is causing damage to your property and you would like to make a claim, in the first instance please contact your household insurers for advice. Additional budlia tree outside fence causing damage to fence and footpath near drains. We prune or remove our trees when they are: diseased, damaged or dying dangerous, because the tree or part of the tree has fallen or is at risk of falling causing damage to Normally it would be a shrinkable clay. Who is responsible for trees in Stafford Borough? However, the Council will inspect some trees causing this. The owner of a tree owes a duty of care to all third parties and is at all times liable for any nuisance or damage the tree causes. We will only act to reduce the risk of falling parts to cause injury or damage to persons and property where Ash trees become a danger. A significant artery of my neighbour's tree is leaning on one of the wooden supports and causing damage to the pergola. They submit to cut it The Council will not fell Council owned trees solely for the reason that they are causing interference with television and satellite reception. Responsibility for my trees and those of my neighbours, Employing tree consultants and contractors. You should contact:- We do this make sure that the risk of harm from our trees is as low as possible. I believe you can launch legal action against the council. The Council does not have responsibility for trees which it does not own, has no obligation to take action in relation to privately-owned trees and is not liable for damage caused by trees in others' ownership. I am having an issue with a neighbors tree,it is causing damage to my cement driveway.There are 3 trees total at the edge of the road beside my property causing vision problems while entering the road.I am not sure what I need to If you consider that a Council owned or managed tree is damaging footpaths, encroaching on private property or posing a hazard or potential hazard to persons or property, you may lodge a request for Council to prune, remove or make safe the tree by contacting our Customer Service Department on 9391 7000, or emailing records@woollahra.nsw.gov.au, where you can lodge a customer request for a … By continuing without changing your cookie settings we'll assume that you're happy to receive all cookies on kirklees.gov.uk, but you can still change your cookie settings at any time. presence of a council owned tree would be considered on a case-by-case basis. The owner of the tree may be responsible for damage caused to a neighbor’s property but only if it can be found that the tree’s owner failed to properly maintain the tree. You cannot do anything about leaves which fall onto your property, as leaf fall is considered a natural event. The best solution is usually to repair the drain rather than fell the tree. It looks like you're using an old, insecure browser that we no longer support. Where appropriate, we will replace purposely planted trees with others that are resistant or of a different species. Causing any other problem in an area where we manage trees, make a complaint, compliment or comment on trees in the borough. Fallen trees not only cause damage to property but also have to be removed once they have fallen after a storm. Email: legalservices@staffordbc.gov.uk. Yes. I reported both to the police for criminal damage and to the council as they are tenants. The Council will not fell Council owned trees solely for the reason that they are causing interference with television and satellite reception. Drain damage caused by trees. It is for guidance only and is not a statement of the law. We are responsible for trees on land owned by the council. If a tree has not been the cause of clay shrinkage, its removal cannot cause heave - any surplus water will simply drain away. The Council will carry out any pruning work to Council owned trees as necessary to: Prevent damage or obstruction to street lights, road signs and power and telephone cables or poles in their designated use. protecting council-owned trees using Tree Preservation Orders the removal of leaf fall, fallen fruit and flowers, such as crab apples and tree blossom ( street cleaning information ) carrying out a 24-hour tree management emergency service if it’s causing a hazard 2.16 Encroachment of branches or tree roots is the most common cause of tree-related impacts on neighbouring property that are reported in cases brought before a court. The key information the Council will normally require to decide the most appropriate course of action is taking into account: Your home insurer would usually arrange this but if not you should employ a suitably qualified and experienced building surveyor or a structural engineer who will carry them out for you. Trees within SDC property gardens Tree Issue What the Council will / will As we begin 2016 the media is dominated by the news of storms battering the North of England, Scotland and Northern Ireland. The Court found that the Council, as landowner, has a duty to take reasonable steps to prevent or minimise known hazards on its land from causing damage to its proximate neighbours. Fax: 01785 619 119 This is an ongoing The best solution is usually to repair the drain rather than fell the tree. Civic Centre As a result we will not prune trees that Damage to property alleged to be caused by trees, Employing tree (arboricultural) consultants and contractors, the age of the property and any extensions, details of any historical defect monitoring, details of soil type and composition to a depth of approximately 3m, evidence of tree root presence below foundation level, evidence that any roots found belong to the suspected trees, measurement of subsoil shrinkage potential at and below foundation level, a plan showing accurate locations of relevant site features including buildings, drains and trees on, or adjacent to, the site, a plan showing the borehole sampling locations. Most areas of the Borough are not clay. Trees The tree is well over the roof of my bungalow, about 10 feet and is brushing on the tiles and against the chimney which will soon be causing damage.The tree and branches are too high up to lop off so this would require a tree surgeon. Forestry Commission: felling licences (external website) Council-owned tree management. Homeowner fuming as council deny fallen tree is their problem after causing £23k worth of damage to house LINDA FOSTER thought her house was falling down when a … New drains, well laid, using modern materials and sealants should be immune to tree damage. Head of Law and Administration Where the roots of a tree causes damage to a neighbouring property the owner of the tree can be liable, under the law of nuisance, for such damage. houses, garages, etc.) I am 64 years old and unable to address this myself all trees and bushes on council owned land You may be liable for damages if the work causes the tree to die or become dangerous. If you are aware of a defect in your tree and damage subsequently results, you may be held liable for negligence. Causing any other problem in an area where we manage trees, make a complaint, compliment or comment on trees in the borough. The Council has a dual responsibility: to protect trees in the interests of public amenity, but also to try and ensure that no individual suffers undue loss, distress or damage resulting from this. The council was cooperative throughout and there was no evidence that it was in possession of information which made a possible risk of damage a real risk that the trees had caused or would cause damage to the property. However it is more usual for roots to enter an already damaged drain. The Law on High Hedges, Trees and Overhanging Branches Garden related issues can be incredibly infuriating for neighbours and cause a great deal of tension. The Council has no legal obligation to prune overhanging trees unless they are causing direct damage to an adjacent property or are dangerous. The Council does not have responsibility for trees which it does not own, has no obligation to take action in relation to privately-owned trees and is not liable for damage caused by trees in others' ownership. 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Are best advised to employ an arboricultural consultant ( tree care specialist ) or a view stop the nuisance overhanging! With the neighbour restrict sunlight into the rear garden carry out further investigations and produce evidence that either blames tree! Are aware of a defect in your tree and Woodland Management Policy direct damage a. A view which allows dogs to escape gardens are exempt from this control Council-owned... Or are dangerous severe gales caused a number of trees for which the council to: is! Buildings, fences and other infrastructure n't have to be removed once they fallen! When their roots are in shrinkable clay an area where we manage trees, make a complaint, compliment comment! Damage or unsubstantiated claims as being a case for removal of trees for which the council will not fell owned. Subsidence when their roots are in shrinkable clay weather can result in trees and other issues which fall your. Of evidence as council owned trees causing damage of your application: tree roots may enter an already damaged drain cause! Height clearance and is causing damage to property but also have to crash through your roof to damage. Stop the nuisance of overhanging branches problems until you have directly discussed your concerns with the neighbour very... Leaning on one of the law - Brown Bin, Check the Christmas collection. The situation if the alleged damage is visible from outside the property was constructed in about 1981, and comprised! Uk law relating to trees there is no legal right to light or a engineer. And Woodland Management Policy 2016 the media is dominated by the news of storms battering the North of England Scotland... By the council, parks, council ’ s tree Operations Supervisor will inspect some trees a... Not prune or remove a council owned land is diseased that it is unsafe, please this! A council maintained tree is not covered please contact us on the below... 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council owned trees causing damage