Fallen trees from private forest

Post Reply
Sandria
Posts: 6
Joined: Thu Jan 14, 2016 4:15 pm

Fallen trees from private forest

Post by Sandria » Fri Jun 03, 2016 9:07 pm

We live in terrased house. Private forest locates behind the rear gardens of all houses on our street. Problem is some trees falls and, for god sake, just brake only the fences. Trees are pretty high and probably, could brake the roof, window or injured some one. For last years, it was fallen 4 trees at least. Couple month ago a tree have fallen and roof and window of residential house was seriously damage. On this week, one else tree have fallen and broke the neighbour's fences.

Council refused to help somehow and told there are no problem untill someone would be injured.
Question: How could we make owner of forest to cut dangerous tree and trees that located very close to our house?
Are there some acts and law that could make owner to ensure that tree wouldn't damaged anyone or property? Or we should wait when someone would be seriously injured?

MacadamB53
Posts: 6289
Joined: Sun Dec 09, 2012 11:13 pm
Number of Posts per Page: 100
Number of topics per page: 50

Re: Fallen trees from private forest

Post by MacadamB53 » Sat Jun 04, 2016 8:22 am

Hi Sandria,

How could we make owner of forest to cut dangerous tree and trees that located very close to our house?

I'm afraid that's not possible - they're his trees.

Are there some acts and law that could make owner to ensure that tree wouldn't damaged anyone or property?

no there are no such laws.

Or we should wait when someone would be seriously injured?

the owner of the fallen tree may be found liable for any damage caused or prosecuted in the event serious injury is caused.

are they aware of this is the question?

Kind regards, Mac

Sandria
Posts: 6
Joined: Thu Jan 14, 2016 4:15 pm

Re: Fallen trees from private forest

Post by Sandria » Sat Jun 04, 2016 1:32 pm

MacadamB53, thanks a lot!
are they aware of this is the question?
I am not sure, but probably they know. But I would like to write them official complaint but don't know how to find owner of the this woodland(I've heard that some LTD company own this woodland).

ukmicky
Posts: 4676
Joined: Sat Sep 27, 2008 10:13 pm
Number of Posts per Page: 20
Number of topics per page: 20
Location: London

Re: Fallen trees from private forest

Post by ukmicky » Sat Jun 04, 2016 11:14 pm

This land has a history of trees falling. It would be wise for the landowner to show he has had his trees inspected and found to be safe at the time of inspection In order to fend off a possible negligence case should somebody sue in in the future.
Advice given is not legally qualified and you are advised to gain a professional opinion

APC
Posts: 109
Joined: Sun Nov 24, 2013 5:37 pm
Number of Posts per Page: 20
Number of topics per page: 20

Re: Fallen trees from private forest

Post by APC » Sun Jun 05, 2016 8:58 am

Check ownership with the Land Registry (www.landregistry.gov.uk).

TO
Posts: 673
Joined: Wed Dec 28, 2005 1:05 pm

Re: Fallen trees from private forest

Post by TO » Mon Jun 06, 2016 4:00 pm

Hi

You might be able to find the owner through a Land Registry search at the following link

http://tinyurl.com/j5xwdwu
Sandria wrote:Question: How could we make owner of forest to cut dangerous tree and trees that located very close to our house?
You can't. However, they have a duty of care by virtue of the Occupiers Liability Act. You could, when you find who they are, write to them pointing this out.
Sandria wrote:Are there some acts and law that could make owner to ensure that tree wouldn't damaged anyone or property?
Yes but no but. Section 23 of The Local Government Miscellaneous Provisions Act 1976. However the powers are discretionary.

pcb1962
Posts: 10
Joined: Wed Sep 27, 2006 4:38 pm

Re: Fallen trees from private forest

Post by pcb1962 » Fri Jun 24, 2016 1:41 pm

If you have written to the owner and made him aware of the potential danger you will find it much easier to prove negligence if something bad does happen.

Post Reply