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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.
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