Who is responsible if a telephone line crossing over a property is brought down by the landowner’s tree falling on the cable? —The Times
Partner Ed Cracknell responds to a reader of the Times’ Home Help section writing in to ask who is liable for a falling tree damaging a telephone line which crosses their property.
He suggests the key consideration is if the landowner was aware of the risk of damage from the tree, saying a court would take into account evidence they had inspected the tree, or been notified of risk by the telecommunications company. In the absence of this, it is unlikely a landowner would be held responsible.
Householders who are concerned about trees on neighbouring land, meanwhile, should contact the landowner, expressing their concerns, especially if there are signs that tree branches or roots could cause damage.
The full article is available to read online at The Times by subscription only.
Ed Cracknell is a partner in the property litigation team specialising in all aspects of property dispute resolution. His areas of expertise include landlord and tenant disputes, business lease renewals and terminations, possession claims and development disputes.
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