A group of residents who are worried about large trees overhanging on their gardens have been unable to find out who is responsible for their maintenance.

Bobby Syme, who lives on the avenue in Saddlestone, said he’s spoke to the Department of Infrastructure, Douglas Council and the developers but can’t get a direct answer.

He said: ‘My grandchildren come to our house after school and play in the garden, what if one of the trees finally goes whilst they’re here.’

His investigations into who owns the area have so far come short as Mr Syme says the trees appear to almost be part of a ‘no man’s land’.

Sarah Maltby MHK, who represents the area in Tynwald, has been working with the affected residents.

However, Mrs Maltby has also struggled to find the direct answer, she said: ‘The council informed me that the lane in question is not an adopted highway. As such any cleaning and maintenance is the responsibility of the landowners which they suggested would probably be shared within the property deeds.

‘My summary is that the boundary line appears to effectively be in the middle of the hedge line and the ‘working out’ of who is responsible has not been determined and can not be determined by me. This of course does not offer a solution to my constituents and of course, if there is anything else I can do to resolve this matter, I will follow it up on their behalf as I have done since I was first contacted.’

Mr Syme, who has lived on the street for 10 years and been expressing his concern since moving in, says that in the past the council have cut back the trees that hang over their car parks nearby. He says that whilst he could arrange to remove the trees, he does not want to then receive a fine for doing so.

Earlier this year, in July, Mrs Maltby put a question to the Minister for Environment, Food and Agriculture about what legislation compels private landowners to ‘maintain registered trees that border residential property’ and whether this legislation would be reviewed.

Clare Barber MHK said that there were no provisions in the Tree Preservation Act 1993 to compel landowners to maintain trees.

She said: ‘However as a property owner who has trees, you do have a responsibility or ‘duty of care’ under the Occupiers Liability Act (1964) to take reasonable care and/or management measures to avoid foreseeable risks to visitors and neighbouring properties. Currently there is no plan to review the scope of the Tree Preservation Act 1993.’