Seasonal reminder – tree safety

CLA North’s Chartered Rural Surveyor Robert Frewen outlines the legal duty of care tree owners have towards the public, and even to trespassers.

Winter weather provides a timely reminder for farmers and landowners to manage any risk posed by trees on their land.

Tree owners should consider their stock of trees to identify those that pose a potential risk. A good way to do this is by zoning all trees on a farm or estate.

A newly planted wood with no public access, would not have any requirement to be inspected, and can be classed as zone one.

Three mature trees next to a children’s playground would need annual inspection can be classed as zone three. A record must be kept of the inspection and action taken on the findings. There would normally be one of three outcomes of an inspection:

  • The tree poses low risk and no further action is needed
  • The tree appears to be damaged or diseased to some extent (minor deadwood or fungal growth) and a more detailed inspection is needed
  • The tree shows clear signs of disease or damage and requires limb removal or felling. Members should bear in mind that trees provide valuable benefits and should not generally carry out works ‘just in case’.

The advice is to have in place a documented record. For smaller landowners this is something the owner can do themselves, by keeping an annual written record which will become less and less onerous to update.

More detailed and probably professional inspection is advisable where there is significant public access, for example gardens open to the public or parkland used for festivals.

Older parkland trees, that might normally be felled but which are being retained by virtue of their contribution to the landscape or historical significance, require a more careful approach than a hedgerow tree where there is little chance that anybody will pass underneath it frequently. It might be worth fencing off a parkland tree or erecting a warning sign. Tree liability should always be discussed with your insurer.

Trees adjacent to public highways and those with a high degree of public access, need a greater priority to be inspected. If the tree is growing on the highway side of the fence or hedge, it will generally be presumed to be the responsibility of the relevant highway authority; otherwise the tree will remain the responsibility of the landowner. The exception to this can occur on estates or land that has never changed hands in which situation the local highways authority may claim that trees in verge are the responsibility of the adjoining owner.

In all cases of roadside trees, it is worth writing to the relevant authority to remind them of their responsibility. This is particularly relevant given the prevalence of ash dieback (Chalara) and the risk posed by infected trees.

If in doubt, it is advisable to include the tree in their annual inspection but if the tree is the responsibility of the highway authority, it is good idea to let them know in writing, particularly when considered to be a high risk. Importantly, where there is a landowner’s managed regime of regular inspection, the highway authority will not pass on the cost of clearance where a tree or limb from that tree does fall onto the highway.

If members would like further advice on risk management of trees should contact Robert Frewen at the CLA North office on telephone 01748 90 7070.

TreeAlert is an online reporting tool for tree pests and diseases, managed by Forest Research. It is a valuable aid, allowing you to quickly report any suspect findings of tree pests and diseases which are of concern. Access TreeAlert

Key contact:

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Robert Frewen Rural Surveyor, CLA North