It’s a known fact that a project, however large or small, is always made easier with the right tools… Here’s our very own Matt Prince demonstrating and showing you the best tools for the job – how to prune a tree.
Who is responsible for clearing a fallen tree?
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?
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.
Safety features of a chainsaw
It’s paramount to be safe when using a chainsaw. This is Matt Prince helping you to keep safe by showing you the safety features of a chainsaw…
A tree is overhanging into my property from my neighbour’s garden. How do I get it cut back?
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
Get Stocked Up On Wood Chip Mulch For Your Garden
AS well as our extensive arboriculture services, here at Prince Tree Surgery, Brentwood’s leading tree surgery specialists, we also sell firewood and wood chip mulch.
At this time of year, Brentwood Logs – the other arm of our tree surgery business Prince Tree Surgery – gets inundated with calls from customers seeking information and advice about supplying their log burner or traditional fire.
But we also sell wood chip mulch, which has enormous benefits for your garden. Some of these benefits for your flower beds include keeping weeds down, conserving soil moisture, moderating the soil temperatures and creating neater looking flower beds.
We advise that wood chip is laid in spring before the hot weather and while annual and perennial plants are still small enough to work around easily.
But there are also benefits from laying your mulch in the winter. This doesn’t actually keep your plants warm, but maintains a more even soil temperature. This is a good thing in areas where winter brings alternative periods of freezing and thawing and where there isn’t enough snow to give plants a thick insulating blanket.
The wood chip mulch should be layered two to four inches deep over bare soil around your plants. It is advised not to put it right on top of perennials, and is best kept from direct contact with the bark of trees and shrubs as excess moisture can cause disease and rot.
For more information our wood chip mulch supply and our log supply visit www.brentwoodlogs.co.uk or call us on 01277 229709.