Owners Liability and Responsibility

Following on from the last blog, we will look at liability and responsibilities in relation to the tree ownership.

Liability

The owner of a tree which is a danger to the occupiers of adjoining land, or to people lawfully using a public way, is liable for any damage that it causes providing that negligence is proved against the owner. Owners should inspect their trees regularly, calling in professionals if necessary.

Liability can depend on the condition of the tree before it fell. If the tree was dead or dying, the landowner where the tree was located could be held negligent for not properly maintaining the tree.

Whilst a tree can never be regarded as completely safe, at the same time it cannot be regarded as dangerous simply because of its size – there may be other signs that a tree may not be safe.

Fallen Tree

Responsibility

Anyone with responsibility for land or trees should put in place procedures to identify and manage the risk. If there is any doubt about the status or ownership of land containing trees, landowners are strongly advised to clarify the situation urgently.

In the meantime, it would be sensible to assume ownership and responsibility, and take action as necessary to minimise potential future liabilities. Occupiers and anyone with responsibility for trees, for example a tenant, must take reasonable steps to manage and reduce risk.

Where a contractor is used, it is essential to ensure any person carrying out work is competent and has adequate public liability insurance that covers the contractor and their employer (the occupier), against any unforeseen consequence of the work. If the contractor has employees, it is important to ensure he or she has adequate employer’s liability in place. In the event of an accident, the occupier may be held liable if the contractor does not have suitable or sufficient insurance.

Local authorities and the ESB have certain powers to deal with dangerous trees that overhang roads. They can give notice to the owner requiring them to cut or prune the tree. If the owner fails to comply, they have authority to carry out the work and charge the owner.

It is wise to take note of the trees where your land abuts a public road. Under the Roads Act, 1993, landowners and occupiers of land are obliged to take all reasonable care to ensure the trees, ditches, hedges and other vegetation on their land are not, or could not become a danger to people using or working on a public road, including pedestrians and cyclists.

Examples of hazards might be dead or dying trees, ditches or hedges interfering with traffic, blocking footpaths, obscuring road signs or obscuring a view of the road ahead. You are required to fell, cut, log, trim or remove such trees, ditches and hedges.

If you have concerns about trees on or near your property, get in touch with us at APB Treecare and we can take a look at it for you. It is better to take preventative action now rather than dealing with the consequences should anything happen in the future.

More information regarding trees and the law can be found on the Tree Council of Ireland’s website at http://treecouncil.ie/tree-advice/trees-law/