landowners and trees - beware
Owners of land where trees
abut a public highway owe a duty of care to road users to ensure
that their trees and/or branches do not pose a danger of falling
onto the highway. The same applies to land with trees abutting a
public footpath or bridleway.
In the case of Poll -v- Viscount and
Viscountess Asquith (2006), a motorcyclist had been driving on the
public highway when he collided with a tree which had fallen from
the landowner’s land.
Although the landowner had
commissioned an independent forestry contractor to drive round the
estate to carry out a ‘drive by' examination of the trees; the
court held that the landowner was still liable as the ‘drive by’
examination was not sufficient. Instead, the court stated that a
physical check of the tree would have discovered the fungal
infection which was likely to cause the tree to fall.
This case places a high standard of
care on landowners to carry out proper inspections of trees on
their land by appropriate competent inspectors. To minimise the
risk of a potential claim, landowners need to:
- carry out regular checks of trees
abutting highways
- employ a qualified arborist to
physically inspect trees
- keep a record of inspections and any
work carried out
Trees which are part of the highways
verge are under the control of the Highways Authority rather than
landowners, so check your title deeds to establish where your
boundary ends, although trees on your land with overhanging
branches onto a highway are still your responsibility.
caution
Before any work is carried out on a tree you need to check that
the tree is not protected by a Tree Preservation Order (TPO) with
the Local Authority.
Wilful destruction of a tree protected
by a TPO - including cutting down, topping or lopping - is an
offence punishable by a fine of up to £20,000.
However, it is not an offence to cut
down, uproot, top or lop a tree protected by a TPO if the work is
to abate or prevent a nuisance. That said, we recommend before you
get your chainsaw out that you apply to the Local Authority for
consent to works on a tree protected by a TPO.
If you would like more information,
please contact Kerry Dovey in our Agricultural, Equine and Rural
Affairs group on 023 8085 7108 or email her at kerry.dovey@bllaw.co.uk
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