Removal of fallen trees

[nothanks]

A large tree (fortunately, not one of mine!) has blocked a nearby road so I spoke to the land owner and tried to call the Highways Agency ("you are in a queue of ... "), so called the Police who logged the details and said they'd pass it on to the HA. If this was my tree I would have been out with a chainsaw (the DIY element) but I now hear that it's the HA's responsibility to keep the roads clear - *is that correct?* I have several large Scots Pines on my northern boundary and they would be well-beyond DIY capabilities if they fell across the road.

[Martin Brown]

I think who you should report it to depends on the size of the road.

Dunno what the law is but round here in rural N Yorks pretty much everyone with the right kit is out clearing the roads at first light after a big storm. You can't go anywhere until they get the trees off the roads. Storm Arwen they had the roads clear by 10am - impressive.

Farm tractors with the two big bale handling spikes with a pallet on the end to stand on with your chainsaw seems to be the tool of choice. H&S at work would love it.

It doubles as an elevated platform and then as a powerful lifter to manhandle the tree trunk out of the way. They take about 15 minute a tree if there is nothing too complicated about it.

Mains cables and they tend to leave it to the professionals - although I recall one notable instance where they did it hot. The poles were never the same again and the whiplash effect of the steel hawset

[David Wade]

I think the HA are only responsible for Trunk Roads and Motorways. You should report to your local authourity if its any other road...

Dave

[Tim Lamb]

In message [e-mail]>, [e-mail] writes

Hmm.. currently there is no such thing as an *act of God* so you and your insurers carry the can for trees falling from your property.

Naturally your insurers do not like this and expect you to routinely have your trees inspected (at your cost) so they can recover their outlay by suing the inspector.

Not sure how this impacts on private dwelling insurance.

[nothanks]

Not long after reporting it to the Police/HA three vehicles turned-up and many chainsaws were wielded to carve a 1-car-width path through. Now there's another gang working under floodlights, with generators and something that sounds hydraulic.

[nothanks]

Mine are inspected every couple of years, and the insurance covers everything within the boundary. We've been fortunate thus far - a couple of years ago a large piece of tree fell across the road in a SW'ly gale but it was within my DIY range so the chainsaw dealt with it while SWMBO directed the traffic. This time we had a few branches down from the oaks and firs, but nothing significant near the road.

[Michael Chare]

I would speak to the local council. They will know who to contact.

[The Natural Philosopher]

I think roads are the county council's purlieu. Here the local farmers are sub contracted

It is however a nightmare if and when councils get involved. They are fantastic at gay rights, utter crap at clearing footpaths.

Stick a yellow jacket and hard hat on and do it yourself. No one will question your right, I guarantee it.

[Brian Gaff (Sofa]

Well under the circumstances, I'd imagine they should thank you or whoever for clearing it up, but it could be dangerous work and they would not be insured if an accident happened Brian

[Brian Gaff (Sofa]

Yes and inside metropolitan areas like London all main trunk roads are TFL or whatever these entities are called where you live, but small roads are local authorities. Likewhys footpaths. Brian

[Mike Rogers]

A Neighbour of mine had a letter from highways telling him that two oak trees on his boundary were deemed unsafe so it was his responsibility to make them safe before they fell onto the road.

Mike

[Robin]

Doesn't mean they won't recover the cost from you. Just refreshed my memory for a family member: it's your responsibility to take all reasonable care to stop them falling on the road - e.g. checking them regularly.

[charles]

I once got a similar letter. One of the trees (which had never been mine) was on land they'd just bought under a CPO to improve visibilty at a junction.

[Davey]

A storm like the one we have just had should surely be considered unreasonable, though, wouldn't it?

[Steve Walker]

Which can actually cause you trouble.

My next-door neighbours (A) had a poplar tree straddling the boundary between themselves and their other neighbour (B), with the ownership shared. (A) had some of the tree cut-back, as it was damaged. Some time later a large branch fell onto the garage of (B), who claimed against them for damage to his building and the cost of disruption to his business (watch repair) which he carried out in there. He won, as by having the original inspection and work done, (A) was deemed to have taken full responsibility for it.

[Robin]

I think the question is not "was the particular storm that brought the tree down foreseeable" but "was it foreseeable that the condition of the tree meant it was likely to fall on the highway in a storm (or heavy rain or snow or whatever)". So if a tree is diseased, damaged or insecurely rooted the severity of the wind is not a get-out. All a matter of evidence of course and I've no idea how much time and money highway authorities spend gathering that when faced with a tree blocking a road.

[Robin]

Well yes. If it was jointly owned A should have bound B into the work even if B wouldn't share the cost.

And if the work was done by a professional and the tree re-inspected regularly I'd expect their professional insurance to cover the risk. Neighbours here do that with a tree behind us but I've no idea of the cost involved.

[Davidm]

So who's liable if you have a very large tree (an Oak) in your front garden with a preservation order on it, and the council have refused to allow you to prune it back to a sensible size? Then it gets blown down acroos the road and kills a couple of parked cars in the process.

[Steve Walker]

Then you point all claims in the direction of the council.

[Jethro_uk]

After the 1987 hurricane, Greenwich council had the main roads clear by

1. Our side road was cleared sometime before 4pm. Th electricity board made safe an exposed cable a tree had ripped up that day too.

The actual repair took 6 months. 2 days after the electricity board had finished with one of the best repairs I have seen BT were busy digging it up again.