Ibraheem Dulmeer, barrister-at-law – www.parkhomeslaw.com – examines the sometimes thorny issue of trees on residential park sites, explaining why things aren’t always clear cut…

Trees are a very topical issue on residential park homes sites up and down the country. It is not as ‘clear cut’ as many think (excuse the pun). This article will go through some aspects that may serve both site owners and park home residents. However, please do note that if you ever have issues that relate to trees, specific legal advice should be sought on such matters.

Be aware
It is always important to check if any tree has a Tree Preservation Order (TPO) with the local authority. Therefore, it is advisable for site owners and park home residents to undertake some investigations with the council and obtain permission before, for example, the tree is cut down, topped or lopped.

Local authority involvement
The local authority has power to take action if a tree appears likely to cause damage to persons or property. In my opinion it may be worthwhile to contact the local authority to ask them to look into the matter.

The law also requires a local authority in certain restricted circumstances to determine complaints about high hedges.
As far as I understand it, the local authority is only required to look into the matter in certain circumstances.

A local authority can also introduce a TPO, if the trees impact (non-exhaustive) the visual amenity, biodiversity of the area and it would be detrimental to the area to remove the trees.

 

What the law says…
The implied terms, as provided by the Mobile Homes Act 1983, states that a park site owner must: ‘maintain in a clean and tidy condition those parts of the protected site, including access ways, site boundary fences and trees, which are not the responsibility of any occupier of a mobile home stationed on the protected site.’

At the same time the implied terms, as provided by the Mobile Homes 1983, states that the park home resident must: ‘maintain… the pitch, including all fences and outbuildings belonging to, or enjoyed with, it and the mobile home, in a clean and tidy condition.’

The implied terms act as a useful guide, but the express terms of mobile home agreements should also be read when you have an issue with trees. It may be useful to look at case law to see how the courts have previously decided in such matters.

 

 

Ibraheem Dulmeer, barrister and mediator at Normanton Chambers, is a specialist in park home matters in England and Wales. His expert knowledge and experience in this sector confidently provides individuals or companies with the reassurance and assistance they need. Ibraheem is qualified under the “Direct Public Access Scheme” allowing you to instruct him directly to help you with your purchase.
Please do not hesitate to contact Ibraheem for an initial consultation on 07939 259924 (mobile),
0300 0300 218 (Chambers) or email info@ibraheemdulmeer.com Alternatively, you can submit an enquiry by using the website
www.parkhomeslaw.com
Address: Normanton Chambers,
218 Strand, London WC2R 1AT.

The information provided in this article serves as useful guidance. Please note that this is not intended to be comprehensive and should not be relied on in substitution for specific legal advice. If in doubt, you could seek specific advice from Ibraheem Dulmeer. This material should not be replicated without the author’s consent. Ibraheem Dulmeer © 2022

 

Read the full article in the December 2022 issue of Park Home & Holiday Living