A long with many other responsibilities, Directors of Residential Property Management Companies have a 'duty of care' towards people who may be affected by their trees, either through direct action (e.g. trees or branches falling and injuring people or damaging property) or through indirect action (e.g. removing moisture from sub-soils causing foundation movement, often known as 'subsidence', to adjacent properties).
This common law duty is further reinforced by the Occupiers' Liability Act of 1984.
Depending on the nature and wording of tenancy agreements these responsibilities can in some instances extend to flat owners themselves.
In order to meet their responsibilities tree owners are advised to have their trees periodically inspected by qualified arboriculturalists and should employ a tree surgeon to undertake any maintenance work recommended by them. It is prudent to keep a record of these inspections and of any subsequent action taken and of the date of the next programmed inspection. This latter date is dependent upon factors such as the condition of the tree, its maturity and its location.
The arboriculturalist can advise on a suitable time period between inspections. This is usually between 12 months and 5 years. |
