Why falling trees are a winter worry for landowners
It is essential for landowners to check their lands for dangerous or falling trees
In Ireland winter brings all sorts of new challenges for farmers.
With the Irish weather being so unpredictable it is a huge challenge for Irish farmers to keep on top of the farm during the winter months.
Icy roads and torrential rain not only give rise to additional work around the farm, but also bring a number additional legal responsibilities for all landowners not only farmers.
Although it is important for a farmer to check the trees occupying his land during the year it is evidentially more important to do so coming up to Christmas.
With more and more storms occurring in Ireland fallen trees have caused a huge amount of damage to cars, property and even to citizens.
The law as it stands, is that the owner of the land on which a tree is occupied which is a danger to adjoining land, or to road users, is liable for any damage it causes if negligence of the landowner is proved.
Icy roads already make it difficult for road users to get from A to B without the worry of encountering a fallen tree on the road.
As we all know fallen trees result in damage and road accidents regularly during the winter months.
The owner of the land that the fallen tree has come from will be held liable for these accidents in a case where negligence is proven.
Besides the worry of potentially being sued, more importantly the hazardous tree could injure someone, even yourself or a loved one.
It is essential for land owners to check their lands for dangerous or falling trees. If you are in doubt about a tree being a hazard hire a tree surgeon to carry out an inspection of the tree or trees.
Section 70 of the Roads Act 1993 provides that the owner or occupier must take reasonable steps to ensure that any structure on his or her land is not a hazard, or a potential hazard, to people using the public road.
In an agricultural environment, overgrowing shrubs and trees can sometimes impinge on public roads, and regular maintenance is essential to avoid overgrown shrubs and trees from posing a hazard to the safety of others on the road.
It is important for farmers to take into consideration Section 17 of the Forestry Act 2014 when they decide to cut down a tree which they deem as a hazard.
This section states that it is illegal to uproot any tree over 10 years old, or cut down any tree of any age, including trees which form part of a hedgerow, without a licence.
A felling licence can be obtained from the Felling Section of the Forest Service of the Department of Agriculture, Food and the Marine or from any Garda Station.
The licence may include conditions such as environmental and replanting conditions.
When a farmer does wish to carry out works such as trimming or removing dangerous trees, hedges and ditches interfering with traffic, or obscuring a view of the road ahead, it is important that adequate sign posting is provided to make road users aware of the obstruction ahead.
The council and the gardaí should be notified before carrying out such works.
If you wish to employ a contractor, it is essential to ensure that any person carrying out the work is competent and has adequate public liability insurance that covers the contractor against any unforeseen consequence of the work.
Local authorities and the ESB have certain powers to deal with dangerous trees that overhang roads.
Section 70(2) of the Roads Act 1993 holds that where hedges or trees are a hazard or a potential hazard to people using a public road, the local authority may serve a notice on the farmer or occupier of the land requiring them to fell, cut or trim the tree within the period of the notice.
If you fail to comply with such a notice, you will be guilty of an offence.
A person guilty of an offence shall be liable on summary conviction, to a fine not exceeding €1,238.70 or, at the discretion of the court, to imprisonment for a term not exceeding six months or to both such fine and imprisonment.
If on conviction on indictment, you may be liable to a fine not exceeding €12,386.97 or, at the discretion of the court, to imprisonment, for a term not exceeding two years or to both such fine and imprisonment.
After the recent stormy weather it is important for farmers to act quickly and responsibly in respect to falling or fallen trees. Fallen trees can cause damage and leave a landowner legally liable.
