Duty of Care for Tree Owners
Duty of Care for Tree Owners
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As a company who are in the business of providing tree care services and arboriculture expertise to our domestic clients, we are obligated to support landowners who may or may not know their legal duty of care for the trees on their land or property. Trees, while offering a lot of ecological, health and aesthetic benefits, can also pose a significant risk to people and property if not properly 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." In addition to the common law duty of care, tree owners are also bound by the Occupiers Liability Acts, which require them to take reasonable steps to ensure that visitors or trespassers on their land are safe in relation to the trees. Therefore, if a tree fails and causes damage to a person or property, the tree owner may be held liable, depending on the steps they have taken to manage the tree correctly.
Here are three simple steps that we at Haringey Tree Company have compiled for land/tree owners in order to support you in navigating your own personal duty of care for your trees:
Familiarise yourself with the trees on your property(s)
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.
2. Understand whether any of your trees carry a Tree Protection Order (TPO) or are within a Conservation Area
2. Understand whether any of your trees carry a Tree Protection Order (TPO) or are within a Conservation Area
Did you know that many trees within London and across the UK are subject to planning permission before any arboriculture or tree care works can be carried out? As part of our services, we can help you understand the status of your trees as well as support applications for permission to carry out work on trees that hold a TPO or are within Conservation Area through Planning Portal, on behalf of our clients.
3. Create an ongoing plan for regular inspections & maintenance
3. Create an ongoing plan for regular inspections & 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.
Get in touch with our friendly and helpful team at Haringey Tree Company for a free on-site consultation and let us help you to navigate your tree care needs, we will help you to determine a low maintenance strategy which can help you get the most out of your trees while ensuring that you have taken the steps required to uphold your duty of care to the natural environment in and around your property.
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