Caring for your trees in the aftermath of Saturday’s flash floods

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Our experts here at Prince Tree Surgery have had a very busy time after Essex took a battering on Saturday from the flash floods caused by the torrential rain. Essex, in particular Rayleigh, Canvey, Basildon, Billericay and Southend faced damage from the surge of the heavy rainfall – up to 50mm fell on Saturday, 24 August which inevitably damaged trees in its wake.

As Brentwood’s leading tree surgeons, we can offer support on any aspect of damaged or fallen trees – from removing the fallen tree or broken branches, to offering advice on whose responsibility the fallen tree is.

We would always advise you to consult a tree surgeon before you commence your clean-up because it is important you understand the risks involved.

Fallen or damaged trees are not only a safety issue but can also cause significant disruption, especially if the incident happens in a public place or the tree has fallen onto a building. In these circumstances our experts at Prince Tree Surgery advise that you should contact us to assess the damage and carry out the removal work safely and efficiently for an agreed price.

Sadly there are many ways trees can sustain water and wind damage. If a tree splits at a weak fork it is likely to cause a large wound. Whilst the tree may remain structurally safe for some years, decay can develop around this area and the tree may become unsafe, ultimately requiring removal. Where large splits have occurred, it may be sensible to remove the damaged tree and replace it altogether with a new tree.

The loss of branches from a tree is not necessarily indicative that the whole tree has become dangerous. Trees will often shed branches as a defence mechanism against being blown over, or losing larger branches. Furthermore, coniferous trees may shed many branches because they have developed with a year round battering resistance.

Broken branches, and those which may be hanging in the tree, should be treated as a priority. Where major branches have been lost further tree surgery works may be required to visually rebalance the tree.

It is also important to be aware of swaying trees in your garden. Swaying is generally normal but after extreme damage from Saturday’s rainfall and winds you should inspect your trees looking for any signs of storm damage.

Remember if a tree falls down on private land, it is the property owners who are responsible of that particular tree. Also if the fallen tree is protected by a Tree Preservation Order or is in a conservation area, written consent needs to be obtained from the local authority and you should report this to them before undertaking the works. Again our experts here at Prince Tree Surgery can help on any matter of Tree Preservation Orders.

If you require any further information please contact us as Prince Tree Surgery on 01277 229709.

Who is responsible for clearing a fallen tree?

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There are many reasons why a tree may fall. An old, diseased or dead tree may have been leaning for many years before finally falling or an ‘act of God’ such as strong winds or a bolt of lightning may cause a perfectly healthy tree to fall without warning.

Whatever the reason, a fallen tree is not only unsightly, but if in the wrong place and causing an obstruction, can be potentially dangerous. Even in the relative safety of your back garden, it can become harmful as it decays; therefore it is imperative that it is removed as quickly as possible.

But who is responsible for clearing a fallen tree? It can depend on a number of factors: ownership, location and reason for falling.

Ownership

A major part in determining who is responsible for removing a tree is dependent on who it belongs to. Most land, and the trees growing on it, will belong to a person, company or authority, such as a council.

Once ownership has been ascertained, they can be held responsible for either removing the tree themselves, or paying a company such as Prince Tree Surgery to clear it on their behalf, particularly if another party is able to prove negligence on the owner’s part.

Location

It’s pretty black and white when it comes to owning a tree that has fallen in your property – you are completely responsible for its removal and the associated costs.

However, if you own the tree but it falls on your neighbour’s land, you and your neighbour will be required to come up with an agreement on how the tree removal should be carried out. If any negligence on your part caused the tree to fall, you will be liable for any costs incurred.

Please note that you must seek permission from your neighbour to clear it; you can’t simply walk into their garden to clear up any damage. This is also true when it comes to dealing with public areas, and in certain circumstances, specialists may have to remove the tree immediately (it may be blocking a road), in which case, the local authority would probably take responsibility for its safe removal and then present you with an invoice.

Act of God

There are certain events such as lightning striking or gale force winds that may cause a tree to fall – these are called ‘acts of God’. In these circumstances, no-one is held responsible, although if you are the owner of the tree and it has fallen into a neighbour’s property, it would be good manners to offer to help remove it from their land.

However, if you have knowingly left a rotting or damaged tree in your garden and it falls, causing damage to another person or authority’s property, you will be considered negligent for not removing the tree despite the obvious risk.

Ultimately, whether you are the owner or not, if a tree had fallen on your land, you will most likely be responsible for its removal, even if someone else is responsible for the costs. At the very least you will have to agree a time when someone can visit your home and remove the tree and any debris. You may have to pay for the removal yourself and then pass the bill on to the person financially responsible, or in some cases, take the person you believe liable to court to recover your costs.

What’s the most dangerous tree you have ever had to deal with?

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We have dealt with some amazing trees in the 22 years we have been qualified as tree surgeons, but one that sticks in my mind was a large Oak tree that fell on to a local Care Home overnight in high winds. The challenge we had was to clear the tree from the roof without causing any more damage, whilst the most fragile residents were still in their beds as they couldn’t be moved! When we arrived there was a missive split in one of the branches and it was in danger of falling further into the windows on the ground floor. We had to make struts from some of the branches and use them like massive “forks” to prop up the tree and stop further movement. Then our expert climber Martin got onto the roof and started the delicate task of cutting the branches and throwing them to the ground – away from the property. It took a full day to remove the tree, the damage was not as bad as it could have been and the owners were really grateful for the care we took not to disturb the residents or let the tree fall further onto the home. The following day we returned to clear the site and remove the huge tree stump from the garden.

Why not view our video we have put together.

Try not to have sleepless nights lying awake listening to high winds, and worrying about that dangerous tree in your garden – give us a call at Prince Tree Surgery and we will happily come and do a FREE inspection for you and give you sound advice.

For more information just give us a call on 01277 229709 or view our services.

Love them or loathe them – Leylandii Hedges

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The Leylandii hedge is capable of growing to ridiculous heights if kept unchecked, and is probably one of the major causes of garden disputes between neighbours. If left unrestricted and properly pruned they can block sunlight into homes, limit views and even damage your neighbour’s garden, and yet over 300,000 Leylandii are still sold each year.

Did you know that the highest hedge in Britain is at The National Pinetum in Bedgbury, Kent? This specimen is a whopping 130ft (39.6m) and still rising, it is the tallest and oldest Cypress Leylandii in Britain.

Many people buy the trees to protect their privacy because they grow so quickly a good ‘screen’ is established very quickly – probably in one season. But if not managed properly they will soon be out of control and cause problems including not only annoying the neighbours, but also draining all the water and nutrients from the garden, and leaving it in heavy shade.

The law and high hedges

Legislation came into force in 2005, when the Government realised 17,000 people were in dispute over hedges. In fact, in 2003 a dispute over such a hedge ended when one man was arrested for allegedly shooting his neighbour dead. The accused was later found hanged in prison whilst awaiting trial for murder!

Now under the 2005 Anti-Social Behaviour Act there are remedies for disputes and local councils can charge fines of up to £1,000 if high hedges are not pruned to an acceptable height.

What is the definition of a high hedge?

The term ‘high hedges’ was subjective until it was defined by the Anti-Social Behaviour Act 2003: Part 8 in 2005. This is a summary of what constitutes a high hedge under the law:

  • Any hedge more than 2m tall (approx 6½ft) (there is extra guidance for hedge heights on slopes) is defined as ‘high’ and is formed of mainly evergreens (ie, they don’t lose their leaves in Winter).

The high hedges legislation has been designed so that the general public is able to use it without the need to involve a solicitor. This would be a simple sequence of events:

  • The first step is to negotiate with your neighbours and explain your concerns about blocking light etc… Keep a copy of any letters to demonstrate you have tried to resolve the problem yourselves.
  • If negotiation is unsuccessful, contact your local council to enquire about using the high hedges legislation. There is a hefty fee for making a complaint (typically £400) to deter silly complaints.
  • The local council will consider both sides’ cases and make a decision. They will reject the complaint or issue a notice for the work – including the period in which to cut the hedge back and by how much.

How we can help

We are very happy to come and visit your home to view a high hedge on your own property or that of a neighbour’s and advise you how to cut it back to a suitable height without resorting to the council. We always encourage neighbours to deal with any issues in a friendly and amicable way. For more information just give us a call here at Prince Tree Surgery on t: 01277 229709.

A tree is overhanging into my property from my neighbour’s garden. How do I get it cut back?

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We are often asked about “problem” trees on other people’s property and how to deal with them.

Any owner of land (that’s everyone with a garden basically), is responsible for the trees on it, their condition and any damage they may cause. With this in mind, you should make every effort to contact your neighbour, asking them to deal with the problem. However, BEWARE; they are not legally obliged to do so. Our top tip for getting the outcome you want is to be polite and explain your issues to in a friendly manner.

If they refuse to do anything, you are legally entitled to prune it yourself but you can only prune back as far as your boundary. Pruning beyond the boundary or crossing the boundary to carry out pruning is considered trespass.

The vegetation you prune off is still technically the tree owner’s property and you have to offer it back to them, although they do not have to accept it. In the event that the tree owner does not want the vegetation, you would be responsible for its disposal. You are not allowed to simply put the tree material back over the boundary fence into their garden.

Before any work is undertaken, check there is not a Tree Preservation Order on the tree and that it is not in a Conservation Area
We should all regularly inspect trees on our land looking for areas of potential weakness, so that specialist advice may be sought from a tree expert. Remedial work can then be undertaken to reduce any overhanging or dangerous trees.

So if you are worried about any of these issues – give us a call and we will be happy to help on 01277 229709