Landowners - Take A Look At Your Trees

A recent case in the High Court focussed on what duties are owed by anyone who owns land on which there is a tree (Stagecoach South Western Trains Ltd v Hind and another). If you have any trees in your garden you ought to be aware of the implications of the decision in this case. Any landowner has a duty to act as a reasonable and prudent landowner. What that means in relation to trees is that you must carry out periodic, informal or preliminary inspections or observations of any trees on your land on a regular basis. If you notice (or should have noticed) anything to indicate that the tree(s) is anything other than a healthy tree or that it might require a closer inspection by an arboriculturalist then you as the landowner must arrange to have it inspected by such a person (and then follow their advice). If you are incapable of carrying out regular inspections because for example you are absent, or know so little about trees that looking at them would not tell you anything, or are physically incapable of inspecting them, then you must have them inspected by an arboriculturalist on a regular basis and follow any advice you are given by that person. If you do that then the likelihood is that you will be found to have complied with your duty to act as a reasonable and prudent landowner. Additionally, usually your house insurance policy will cover you against any damage caused by trees on your land. If in doubt check your policy. For further information contact Nick Lambert on 0114 224 2036 or email [email protected]