UKTC Archive

RE: Who is responsible?

Subject: RE: Who is responsible?
From: Alastair Durkin
Date: Jan 28 2014 12:14:45
Ron, there is nothing in Mynors that spells this out to my knowledge. We have 
had similar questions recently. As far as I know, the costs can only be 
actually claimed in court or through insurers. There is no statute that says 
one party must call out tree surgeons to clear a tree that has fallen from 
their property onto someone else's land. The owner of the land affected 
should clear it up and then claim back the costs I think.

Alastair Durkin
Senior Tree Officer
Planning Policy & Trees

Tandridge District Council
The Council Offices
Station Road East
Oxted, Surrey
RH8 0BT

Tel: 01883 XXXXXX
Fax: 01883 XXXXXX

adurkin@xxxxxxxxxx.gov.uk
www.tandridge.gov.uk
-----Original Message-----
From: Howe, Ron [mailto:Ron.Howe@xxxxxxxxxxx.gov.uk]
Sent: 28 January 2014 11:58
To: UK Tree Care
Cc: Mitchell, Spencer
Subject: Who is responsible?

Hi UKTC'ers,

Quite a few requests about trees falling on to other persons property and I 
have of course advised that it is the responsiblity of the tree owner to pay 
for the costs of clearing up the tree and for the damage.
Can anyone point me to the relevant bits in Mynors that spells this out?
A colleague has a tree fallen from an owners home across an access track to a 
scout camp and other properties with access rights but the tree owners are 
refusing to do anything about it using a silly answer that it is an act of 
god and not their problem. The track is part of the Pilgrims Way at Reigate 
and the County Council Highways have a vested interest in the right of way 
but it is not a priority for them.


Ron Howe

Principal Tree Officer (Planning)

Mole Valley District Council

Tel. 01306 XXX XXX

Website -www.molevalley.gov.uk <http://www.molevalley.gov.uk/>



Please take a look at the new 2012 Tree Protection Regulations and guidance 
http://www.communities.gov.uk/documents/planningandbuilding/pdf/2127685.
pdf
<http://www.communities.gov.uk/documents/planningandbuilding/pdf/2127685
.pdf>  at: http://www.legislation.gov.uk/uksi/2012/605/contents/made
<http://www.legislation.gov.uk/uksi/2012/605/contents/made>



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