Thankfully, it’s not a very common occurrence to have a neighbour’s tree land unexpectedly on your house as this one did for a customer in October. But a nasty shock and an unexpected bill it turned out to be none-the-less.
A tree belongs to and is the responsibility of whoever controls the land on which the tree is growing. The land within a private residential dwelling is usually controlled by the householder although it may be controlled by an agent or tenant by written agreement. The householder has a responsibility, in law, known as the ‘duty of care’ i.e. the householder should take reasonable care to avoid acts or omissions which he or she could reasonably foresee may result in harm or injury.
When a householder fails to exercise his or her responsibility and harm or injury results, the householder could be subject to a claim for negligence.
What you can do as a householder
You don’t need a written tree safety “policy“ but it is wise to check your tree stock on a yearly basis; a walk around the garden in autumn, once the leaves have fallen is a good time to do this because you can see more of the tree. Look out for:
- A tree or branch with no leaves on it in summer; it’s probably dead. If it’s large, or at height, and particularly if it overhangs a public area or property, it might be dangerous and might need to be removed.
- Fungus growing on the tree or around the tree on the ground nearby
- Cracks in the branches, trunk or ground
- “Bleeding” wounds on the tree
- Signs of the tree rocking on its roots, dead limbs, a dead tree or daylight shining through a limb or a fork opening.
Are you concerned about the health of your trees? Call Andrew on 01256 817369 or 07771 883061 for advice, written Tree Health Assessment Reports or a quote.