Shropshire Star

Farming Talk: Getting to the root of liabilty about trees on roadside

All owners and some occupiers of land have a duty of care in respect of trees that grow from theirsite, be that farmland, residential or business property.

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The duty of care is to ensure that trees are in healthy and safe order so as to prevent any foreseeable accident, be that deadwood falling on passers-by or a neighbouring property, or whole trees falling over roads causing vehicle or other such accidents.

While many owners of land have trees regularly inspected and reported on by a professional arboriculturalist – and this is to be encouraged as best practice for all who own trees – many homeowners or owners of smaller parcels of land do not.

Instead some rely on visible signs of damage or decay in trees to alert them to problems. In some cases this may be too little too late and if so, where is the line between being diligent and proactive and potentially being negligent in the event of an accident?

In a recent case a tree belonging to a householder fell across a railway line causing much damage to an oncoming train (Stagecoach South Western Trains Ltd v Hind and Steel (2014)).

It was held that a reasonable and prudent householder, without trigger or warning sign, may not be obliged to pay for an arboriculturalist to carry out regular inspections of their trees.

However, if regular professional inspections are not undertaken the householder, to act reasonably and prudently and assuming a basic knowledge of trees, is obliged to carry out regular and informal inspections of their trees, particularly where they border a highway, railway or property belonging to another.

Having any required work actioned promptly and performed professionally.

So, in practical terms, where does this leave the owner of trees? I would suggest any trees owned and managed by a business, be that a rural estate, farm or commercial property that adjoins a highway, railway or other third party property, must have trees surveyed by a professional with regularity and have recommendations acted upon.

Trees should also be informally inspected with regularity between professional surveys and after any extreme weather.

Trees owned by a householder may not, in light of the above case, require a regular professional inspection, but I would suggest where they adjoin third party property this is good practice, especially when inspections by a householder give cause for any doubt as to the safety of the tree.

The piece of mind given by a survey may well save much anguish at a later date.

  • Andrew Liddiment, is an associate partner with Balfours Property Professionals.

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