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RESPONSIBILITY FOR TREES
The issue of dangerous trees has recently been looked at by Nicolas Dyson and Aimee Hutchinson from Blacks solicitors and 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, check the position with the Park Home Leasehold Advisory Service who can be contacted on 020 7832 2525
THE NEED TO `KNOW` HAS NEVER BEEN MORE IMPORTANT
There`ll be few who would disagree that our expectation of the various localised protective services that previously came to the proactive rescue and support of those living under rogue operator regimes must now be sharply downgraded.
The reasons, broadly assigned to austerity and consequential shortfalls in the funding of those services are in my view, unlikely to see reversal in the foreseeable future , if indeed at all , so it`s even more important for all of us to understand the terms of our written agreements and the associated rights obligations of both the site owners and ourselves. Having little more than a basic understanding opens the doors to possible abuses and financial exploitations that can otherwise be successfully challenged .
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