RESPONSIBILITY FOR TREES

Whilst each case will be subject to the details contained with the Site Park Rules, in a recent case the Tribunals view was that one should look at the responsibility of the Park Home Resident first. Once established, the remaining responsibilities are with the Site Owner.

The only mention of trees in the exampled implied Terms refers to the Site Owner being obliged to keep the trees in a clean and tidy condition. In this case, the Tribunal used this reasoning to explain that the obligation to remove a dangerous tree would be the responsibility of the site owner, as the pitch and importantly the tree, does not belong to the Park Home Resident – but to the Site Owner

In conclusion, the Tribunal determined that any ambiguity should be resolved in favour of the Park Home Resident because the tree had been planted by the site owner or a predecessor in title and it would be unreasonable to expect the park home owner to be responsible for removing it.

If you do have an issue with a dangerous tree where your Site Owner is attempting to pass the responsibility and costs over to you as the home-owner, notify your local council and check your position with the Park Home Leasehold Advisory Service on: 020 7832 2500