If a tree has a preservation order on it & it comes down in the wind who is liable?

[KatyMac]

The guy that owns it wants it to come down as it is dangerous
The neighbour who is under it wants it to come down as it is dangerous

The council won't let it be chopped down

So if it falls down in the wn=ind - who is liable?

Not sure of the legality of this but some friends were in a similar position - it was their tree. They got a tree surgeon to tell them it was dangerous and could come down at any time and if anyone was underneath it they could be hurt or killed. They then sent the tree surgeon's letter to the council together with a statement that they and the adjoining neighbour's wanted to take the tree down. They also added that if they were not given permission to do so, they assumed that the council would concede liability for the resulting damage. The tree is now no more!

I believe that dangerous trees are actually outside the scope of tree preservation orders - see www.communities.gov.uk/documents/planningandbuilding/pdf/protectedtrees so if it really is dangerous, there is not a lot the council can do.

We had this in my parents house, they ahad a very large tree whose roots broke the mains water pipe 3 time, gas main 4 times.

They had to go to a solictor to get them to write to the preservation dept explaining to them that the tree needed to come down. It did take a few months to sort out.

God?