Could Your Trees Cause a Hazard?
Author(s)Emma Hopkins
Falling trees and branches can result in serious damage to people and property, and property owners should be aware that they may be liable. All owners of property owe a general duty of care to do what is reasonable in all the circumstances to keep their trees in a safe condition.
The key point to consider is ‘forseeability’ - what would the man on the Clapham omnibus do to prevent the risk of his trees becoming a hazard? The duty of care means that the owner must do what is reasonable in all the circumstances, and the key question here is whether a responsible person could have foreseen a potential hazard.
This liability is not limited and Section 2 of The Occupiers Liability Act 1984 provides that the land owner owes this duty of care not only to welcome visitors, but also to trespassers. For example, if a child is injured climbing a tree which is weak and it is found that the property owner is in breach of his duty, he may be liable.
In addition to injury to people, the property owner may also be held responsible for damage caused by his trees to property, such as falling leaves that block a neighbour’s gutter and cause water damage.
If a property owner’s tree or hedge overhangs his neighbour’s garden, the neighbour may remove the overhanging branches and return them in a neat pile to the owner. We would suggest however, that before trimming overhanging branches the neighbour informs the owner of his intention, as the tree owner may wish to carry out the work himself. Pre-emptory action sometimes causes disputes between neighbours.
It is important therefore for all property owners to ensure that trees on their land do not become hazardous and give rise to risk of injury or damage. Local Authorities have the power to deal with hazardous trees which overhang a highway and can serve notice on a property owner requesting that he cuts or prunes his trees. If the owner does not comply, the Local Authority can carry out the required work and charge for it. If the tree is within a conservation area, the owner should take advice and obtain written confirmation from a Tree Surgeon before pruning or felling. We recommend that all Property owners with trees on their land seek the advice of a Tree Surgeon if they are concerned about the state and condition of their trees.
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Colchester Business Gazette
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