Fallen tree clear up liability Council

pete2222 · 18 February 2014 at 3:51PM

A tree fell from my garden onto a road during the recent storm. Council/highways told me to tell my neighbors not to get involved (they were being helpful, and had already got stuck in) . They sent workers, but when they arrived (2 days later) they explained they would have to call a grabber lorry, and as it was my tree, I would receive a bill of unknown size in the post. Keen to avoid spending money (particularly an unknown, potentially large amount) I told them I would rather clear the tree myself. The workers took a picture of part of the edge of the fallen tree debris, which had already been pushed to the roadside , and reported back - job done. I then spent hours clearing the tree out of the road, dragging it back and burning it. Finally I received an email from the Council’s tracking system, saying the job was complete.

Please can someone tell me did the Council workers/contractor incorrectly tell me I would get billed, perhaps just to get out of doing the work themselves, possibly even while getting paid for the job?

I am happy the tree’s now cleared up, but want to understand whether I am really liable to pay for this, should it happen again.

Prothet_of_Doom · 18 February 2014 at 4:08PM

You are not liable for an act of GOD. If it damaged your house, you could claim on your insurance but, if it damaged your neighbours house they'd have to claim on thiers.

Seronera · 5 February 2015 at 10:03AM

Oh really? I suspect this is a classic Rylands vs Fletcher situation. Look up the case, I could be wrong I suppose.

richy999 · 25 January 2016 at 1:29PM

As the tree was on your property, you are ultimately responsible for it.

If the road the tree fell into was a main one and you couldn't have got it removed in a timely manner, they might take the decision to clean it up and send the bill to you (to present to your insurance).

It sounds like the council workers did you a favor by giving you the option to clear it up yourself.

HappyMJ · 25 January 2016 at 1:35PM

pete2222 wrote: »

A tree fell from my garden onto a road during the recent storm. Council/highways told me to tell my neighbors not to get involved (they were being helpful, and had already got stuck in) . They sent workers, but when they arrived (2 days later) they explained they would have to call a grabber lorry, and as it was my tree, I would receive a bill of unknown size in the post. Keen to avoid spending money (particularly an unknown, potentially large amount) I told them I would rather clear the tree myself. The workers took a picture of part of the edge of the fallen tree debris, which had already been pushed to the roadside , and reported back - job done. I then spent hours clearing the tree out of the road, dragging it back and burning it. Finally I received an email from the Council’s tracking system, saying the job was complete.

Please can someone tell me did the Council workers/contractor incorrectly tell me I would get billed, perhaps just to get out of doing the work themselves, possibly even while getting paid for the job?

I am happy the tree’s now cleared up, but want to understand whether I am really liable to pay for this, should it happen again.

Probably a good idea that they did tell you.

It is your tree and although you aren't responsible for any damage it might cause you can't just leave it on someone else's land and expect them to clear it away for free.

If it landed on a neighbouring property you would come to an agreement to remove it back to your own property and the neighbour would make good any shrubs, plant or grass damaged at their own expense then you would all sit down and have a cup of tea and cake and everything's all okay.

The contractor would have been contracted for the day not per job so don't worry if you think they're making hundreds and you still did all the work. They didn't.

Davesnave · 25 January 2016 at 1:43PM

As it's almost 2 years since the tree fell, I expect this has all been sorted by now.

Fallen tree clear up liability Council

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