Who is responsible for clearing a tree (privately owned) blocking a public highway? Council or Owner?

Question

A large tree situated at the bottom of my garden - (privately owned property) has blown over in the winds and is now blocking road access to 7 houses at the top of the close. It is my responsibility to clear it as it came from my property - or will the council foot the bill as it is now blocking a public highway and I pay my sodding council tax!

Answer 1

The owner.

Answer 2

Down to you I'm afraid!

There are different regulations in force regarding this type of thing!

If you don't remove it - the council will and then send you a bill for the clear up! The council's have the power to remove trees deemed as dangerous/overhanging public rights of way and then bill you for this service!

The laws are different for private tree cutting/felling - your neighbour has every right to cut your tree branches off if they are overhanging into his property! He must offer the cuttings back to you in the first instance - if you decline them - he can dispose of them!

The other thing to consider is the fact that if you don't do it and someone gets injured by the fallen tree - you can be held accountable under the public liability section of your house insurance!

Answer 3

Without knowing where you live, no one can say for sure as everywhere in the USA and elsewhere has varying rules.

Where I live, if it fell over in a storm and was blocking a highway, the UDOT would make sure it was cleared right away as to not block traffic, but I'm not sure who'd have to pay the bill.

You sound like in your wording you are from England, because to me Highway means a major roadway, but you sound like you are using the term to mean a basic road, such as in your neighborhood. Either way, our city if in the city would remove it to open the road and if on the highway, UDOT would. But I really can't say who would pay the bill.

Answer 4

I submit to in ideas the winters of `40 six/40 seven and `sixty two/sixty 3 whilst there exchange into greater snow ,for longer, than considering that and it exchange into the custom for human beings to pull mutually and sparkling the footpath outdoors their property. Un fortuitously interior the `70s , the city fantasy grew you should be sued in case you cleared the snow, so now few do. the end result's we slip and slide on compacted ice , with greater human beings having broken bones putting the NHS under pressure in iciness. What isn`t observed is that in case you % to stroll the place the snow has been cleared then you certainly've accepted the prospect, once you ought to maintain suffering alongside on the ice.

Answer 5

Depends what type of tree as some are protected, even if you own the land you still need to check with the Forestry Commission coz you could also be in a green belt.

Answer 6

It is your tree and thus your responsibility and they will send you the bill if they have to use their manpower to remove it so I would get on it since we know they charge a lot more than a private company.

Answer 7

If the tree is yours and is been inside of your property, you are the one responsible for it.

Answer 8

since it is now on a public road, the city should remove it as a traffic hazard. they will not remove the portion on your property and they may possibly charge you for the removal they do perform.

Answer 9

Unfortunately it is your responsibility to clear it. If the council clear it for you they WILL CHARGE YOU a fortune!!

Answer 10

I think you will probably have to clean up the tree. So get out your chain saw and start buzzing.