Duty of Care for Tree Owners
Trees are these wonderful living things, and you could be forgiven for thinking that they are perfectly able to take responsibility for themselves.
In actual fact, for property owners, there are distinct laws that put you firmly in charge of the health and safety of the trees in your jurisdiction.
As a company in the business of providing tree care services and arboricultural expertise to our domestic clients, we are often supporting landowners who may or may not be aware of their legal responsibilities for the trees on their land.
Trees offer enormous ecological, health and aesthetic benefits. However, they can also pose significant risks to people and property if not properly inspected and maintained.
In the UK, the law imposes a duty of care on landowners to “take reasonable care to avoid acts or omissions which they can reasonably foresee would be likely to injure their neighbour.” This principle stems from common law negligence and is reinforced by legislation such as the Occupiers' Liability Act 1957, which requires landowners to take reasonable steps to ensure visitors are safe.
This is not theoretical. Courts have repeatedly demonstrated that where reasonable inspection and management systems are absent, liability can follow.
For example, in 2023, Cheshire East Council was fined £500,000 after a dog walker was sadly killed by a falling tree limb in a public park. The Health and Safety Executive found failures in the council’s tree inspection regime, leading to a conviction under the Health and Safety at Work Act 1974.
Similarly, Wirral Metropolitan Borough Council was fined £100,000 after a large branch fell onto a car, heartbreakingly resulting in the death of a newborn baby. The court heard that the tree had not been inspected for many years.
We share these examples not to alarm you, but to help educate tree owners on what is at risk if proper duty of care isn’t adhered to.
To help tree owners navigate the health and safety of their trees, we have put together a helpful guide on where to start.
1.
Familiarise yourself with the trees on your property
There are many varied species of tree and shrub, each requiring their own management strategies either due to threats from pests and diseases, the speed at which they grow, and/or due to their proximity to other trees and shrubs and building structures. When you familiarise yourself with the trees on your property you are more likely to note any changes to them or their surrounds which may need further investigation or support from a qualified arborist.
2.
Understand whether any of your trees carry a Tree Protection Order (TPO) or are within a Conservation Area
There are many varied species of tree and shrub, each requiring their own management strategies either due to threats from pests and diseases, the speed at which they grow, and/or due to their proximity to other trees and shrubs and building structures. When you familiarise yourself with the trees on your property you are more likely to note any changes to them or their surrounds which may need further investigation or support from a trained arborist.
3.
Create a plan for ongoing inspections and maintenance
As revered English poet and writer, Samuel Johnson once said - “What we hope ever to do with ease, we must learn first to do with diligence” this is true when it comes to the management of your trees. The more diligent you are, the more you can avoid unexpected and emergency works. Developing a tree inspection and maintenance strategy requires some thought up-front but can save you time and money in the long-run.