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Ask Buachaill Your Own Question
Buachaill, Barrister
Category: Law
Satisfied Customers: 11377
Experience:  Barrister 17 years experience
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We live in a conservation area and have an 80 foot oak tree

Customer Question

HiWe live in a conservation area and have an 80 foot oak tree on our driveway. The tree has a disease which the council habe acknowledged but they say it has years left in it yet. Huge branches keep falling off and the size of them could cause injury to our children, postman delivery persons and our two vehicles.My question is if the tree does fall at some point in the future who is liable for the damage (our neighbours ask weekly if the council are going to let it come down as they fear for their home also).
Submitted: 9 months ago.
Category: Law
Expert:  Buachaill replied 9 months ago.

Hello, and thank you for your question. I am your Expert and I will provide the answer you require.

Expert:  Buachaill replied 9 months ago.

1. Dear Emma, if the tree is in your driveway, then you will be liable if the tree falls and causes damage. Essentially, each landowner bears legal responsibility and is liable for any trees growing on their land. So, here, if the tree falls on any one, it is your responsibility. The Council have no liability for the tree as it is on your driveway on your land. It makes no difference that they have refused to cut it. The Council would only be liable for the tree if it was on the side of the public road, or on land which the Council maintains.

Expert:  Buachaill replied 9 months ago.

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