A MOTORIST was shocked to discover a tree branch had fallen on top of her car earlier this year – but she is still in a battle with Cheshire East Council about who is liable for the damage.

Bex Hassett parked her car along Tatton Mile on the free parking section in July, when a large tree branch fell onto her car roof causing ‘pretty severe’ damage to her vehicle.

She said: “Despite lots of reassurance that Cheshire East (who owns the land these trees are on) would pay for the damage under their insurance they have since denied liability stating that: ‘Trees are inspected under the Tatton Tree Management Protocols and the tree in question has not been identified at risk and therefore no concerns were noted at the last inspection’.”

This isn’t the first time Bex has been in touch with Cheshire East Council over falling tree branches.

In 2018, a branch fell from her garden into the road outside her house and Cheshire East cleared it.

“They then sent me a bill for £588 to pay for the work,” Bex explained.

“When questioning this, Cheshire East replied; ‘The owner of land adjacent to the highway owes a common law duty to take reasonable care to avoid acts of omissions which he can reasonable foresee would be likely to injure his neighbour.

“’The same duty applies regardless of whether a tree is adjacent to a public highway or any other land.

“’The tree owner may be liable in negligence, nuisance (or both negligence and nuisance) if damage or injury is caused to a motorist or pedestrian by a tree encroaching onto the highway from private land’.

“It seems that if my tree branch falls, I am liable, if their tree falls, Cheshire East are not liable.”

A spokesperson for Cheshire East Council said: “Following the incident on 4 July at Tatton Park, this matter is being dealt with by Cheshire East Council’s appointed insurers.

"As this is an ongoing matter, it would be inappropriate to comment in detail at this time.

“The council has certain statutory powers and duties under the Highways Act 1980, which allow for the removal of any obstruction (such as fallen branches) affecting the highway and to recover the costs of so doing from the landowner, if the landowner is unable to prove that they had taken reasonable steps to prevent the obstruction occurring – such as, pruning trees.

“Any incident is assessed on the particular circumstances of the matter in question, with advice taken, where appropriate, from the council’s insurers or other stakeholders.

"The issue of liability regarding public highways and parking on private land are entirely different and covered by separate legislation.”