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Anthony Chendo
Anthony Chendo,
Category: Law
Satisfied Customers: 1042
Experience:  Solicitor at BLM
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We have a private field walled and fenced off field of

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hi we have a private field walled and fenced off field of approx 4 acres on the edge of Dartmoor and in that field are trees which do not overhang any public area at all and it is a field that has no right of way or public footpath on it. are we legally responsible for any injury should a person trespass on the land and a branch from one of those trees fall on them?
JA: Where are you? It matters because laws vary by location.
Customer: Dartmoor in the UK
JA: What steps have you taken so far?
Customer: none I just wanted to know what the laws position on this was. no incident has taken place at all. we just have an old silver birch tree within this field which does NOT overhang any public area at all which might fall over at some point and someone was telling us that it had to be cut down incase some random person chose to trespass on the land and the tree happened to fall and injure them. we would prefer the tree to fall of its own accord than be cut down and wanted to know our responsibilities should there be any
JA: Anything else you want the Lawyer to know before I connect you?
Customer: none thank you

Hello

Welcome to JA

Under the Occupiers Liability Act 1984 you owe a duty of care to trespassers on your land to ensure it is safe when in your property, although the duty is not as onerous as a duty owed to a visitor

With regards to the tree given you are aware of the danger that exists surrounding the tree, thus you are leaving your self open to a claim against you by a trespassers under the Occupiers Liability Act 1984.

Therefore I suggest you take proactive measures to ensure the tree is not a danger to both visitors and trespassers.

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