Diseased, top-heavy trees could cost you a lot in this weather
Trees get diseased, or top heavy, and die.
For a property owner, a healthy well-rooted tree is an asset, but a diseased, top-heavy or dead tree is a liability.
The high winds are likely to change the scenery around many farms, tearing down century-old trees that once stood strongly.
It has been exceptional weather.
There is no doubt that the storms have left countless properties damaged by trees and fallen branches, but many business or private property owners are unaware of their legal position, especially if neighbouring properties are affected.
Simply stated, you are liable for the trees on your property and for damage caused by those trees.
The owner and/or occupier of land upon which trees stand is generally liable for any loss or damage resulting from falling trees, or from the falling of the tree itself.
The heavy weather which has battered parts of Ireland will bring a spate of compensation claims due to falling trees, if landowners do not take care.
In these cases, the legislation in Ireland is well- defined. If the owner in question knew, or should have known that there was a problem, they must take reasonable steps to remove the tree from their property or make it safe. It is a harsh fact and something which is causing considerable stress and financial worry at the moment for many landlords and private households.
Each case is unique and handled on its own merits.
Liability can depend on the condition of the tree before it fell. If the tree was dead or dying, the land owner where the tree was located could be held negligent for not properly maintaining the tree.
So-called ‘acts of God’ are no-one’s fault, but there are some who are encountering huge problems as it becomes clear the tree in question was diseased, rotting or damaged.
Property owners, and in some cases those letting a property, are expected to ensure that trees will not impact upon a neighbour’s property, harm anyone passing by, or cause injury to employees— a duty they can complete with basic checks or professional work. Boundary trees should be inspected regularly for indications of disease and instability.
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, land owners are strongly advised to clarify the situation as a matter of urgency. In the meantime, it would be sensible to assume ownership and responsibility, and take action as necessary, in order 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 that any person carrying out work is competent and holds adequate public liability insurance that covers both the contractor and their employer (the occupier) against any unforeseen consequence of the work.
If the contractor has employees, it is important to ensure that 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.
Professional tree surgeons can brace limbs together before a storm to prevent them coming apart during high winds.
Professional tree surgeons are the most qualified people to consult if you think a tree on your land is dangerous, and they are the best people to take it down if needs be.
The cost of a reputable tree surgeon can vary, depending on the job. Every job is different, and various scenarios have to be taken into account when pricing a job. When selecting a tree surgeon, again make sure they have the necessary qualifications and insurance.
Property owners need to ensure they are fully aware of what is expected of them when it comes to fallen trees.
The bad weather we have recently experienced will not be around forever, but the impact of a costly compensation claim could well spoil the year.
The small cost of hiring a professional tree surgeon could save you thousands in the long run.
