Your Trees and Your Legal Duty of Care

forest-silhouette

“Scare-mongering in some cases has resulted in trees being felled unnecessarily,” says Chris Cooper-Abbs, arborist, health & safety advisor and friend of Climbers Way Tree Care.

Chris Cooper-Abbs of Arb Matters
Chris Cooper-Abbs from Arb Matters

Tree owners have a legal duty of care in respect of their trees, and may be liable for injury to others caused by the fall of a tree or branch.  In an attempt to avoid what they perceive to be a risk, some landowners have simply removed trees entirely – but Chris says the answer is actually more straight-forward than that. Under a legal framework of both civil and criminal law, the responsibilities for the health and safety of those on or near the land upon which a tree stands rests with the owner of that land.

“Landowners just need to have a plan or strategy for their trees,” Chris explains.  “They need to start with a ‘stock take’ of the trees on their land: What have they got? What condition are they in? Who might be at risk from them?  Using this information, the landowner can then establish a plan to manage risks in a balanced way so that those trees can be enjoyed safely.  Only if a tree is identified as a significant risk is removal, perhaps, the answer.”

Chris studied arboriculture and is experienced in advising clients on tree management strategies. Today his company, Arb Matters, advise colleagues in the arboriculture and land based industries on quality, environmental and safety management, accreditations and compliance issues.

Could a landowner perform this ‘stock take’ themselves?

“Depending on the complexity or type of inspection required, and their own knowledge base – age of trees, proximity to public areas, signs of disease etc. – it would be possible for a landowner to do this themselves.  It’s always worth calling in an expert in case of any doubt but this should not become a financially burdensome exercise,” Chris comments.

Climbers Way Tree Care offer tree surveys and reports which will let you the condition of your trees, and if any work is required to keep them safe.

And does the same legislation apply to householders?

“Yes, it does, but we have to think about a proportionate response here,” Chris is quick to caution.  “A large landowner, for example, with acres of historic woods, roadside trees and lots of visitors is likely to need a more comprehensive tree management strategy.  However, if you’re a householder with just a couple of trees, we can scale down and simplify the actions you might need to take”.

What would Chris’s advice be to anyone who is responsible for trees?

“Get to know them!  Be vigilant for any changes, both to the tree and in terms of potential risks.  If in any doubt, call an expert.  And document your observations and actions; should you find yourself in a legal situation, any records that you have pro-actively managed your trees could help provide supporting evidence that a landowner has taken reasonable care.”

Oak Trees in a Field

If we want to find out more?

Chris recommends information produced by the National Tree Safety Group (NTSG).

“The NTSG is an advisory body approved the Health & Safety Executive (HSE) and comprising a range of interested parties, from English Heritage to the Forestry Commission and the Royal Institution of Chartered Surveyors.  They have produced some useful advice and I’d particularly recommend their leaflets “Managing Trees for Safety” for larger landowners and “Common Sense Risk Management of Trees” for smaller ones,” says Chris.

Chris – like the Climbers Way Tree Care team – believes that trees are to be enjoyed and protected. 

“Trees are essential to our planet; we need to be their guardians,” he says.

And the Winner Is... Poster

Autumn Colours Over Dunster Castle by @mouseandgarden
The Winning Photo: Autumn Colours Over Dunster Castle by @mouseandgarden

Father and son planting a small treeIf you’re looking to buy a new tree, including hedging plants and larger shrubs, you will probably find you have three options:

  • Bare-rooted
  • Containerised (that is, in a pot)
  • Root-balled (usually having been root-pruned and wrapped in fabric)

At this time of year, bare rooted plants are starting to become available to buy or pre-order. They will usually be cheaper than the other options and provide the opportunity to put plants in the ground outside of their growing season, when they will be less distressed. If we have a long winter, bare-root season can extend to early April in the south but we’d suggest not leaving it as late as that.

Your bare-root plant is likely to be between one and three years old. It should be wrapped in polythene or some other medium to prevent the roots drying out. Select a plant that has an even spread of root growth and which looks fairly well developed.

Your plant will need planting as soon as possible to prevent it drying out and to get it established quickly. If you know you’re not going to have an opportunity to plant it within a few days, we’d suggest waiting before you buy it. Your plant might survive longer if you water it but you won’t be giving it the best start.

Before planting your new plant, give it a soak while you dig the hole you want to plant it in. Your hole should be just deep enough that all the roots will be underground and the stem or trunk is above ground. Depending on the room you have available, you can make your hole up to three times as wide as the root system, to ensure the tree is not trying to establish itself in compacted soil.

Remove any wrappings from the roots and, if they are knotted or bound up, tease them out. Place the plant in the hole, supporting it at the correct height for the soil level, and refill around it, being careful to ensure you don’t leave air pockets. If it’s large enough or in an exposed position, think about adding a stake or support while it establishes itself. If your area is prone to rabbits or deer, think about adding a tree guard too.

A young boy watering a newly planted tree

Finally, give the whole area a good watering, even if it’s a wet day. Drought stress is common with newly planted trees and shrubs so make sure it doesn’t dry out during its first few years. It also helps to keep the area weeded, so it’s not competing with other plants, and you might want to fertilise or mulch the area during the winter to help it establish. (Don’t mulch right up to the trunk as that may cause rot).

If you’re thinking about a new tree but aren’t sure what to choose, we like the Woodland Trust’s guide to native trees.

Need help? Check out our Tree Planting Service

Autumn Photo Competition Poster

We are running out first ever competition!

All you need to do you – Share one of your images of autumn trees!

You can use our sharing page to upload: https://www.facebook.com/CWTCComp17/ or use Instagram or Twitter with the hashtag #ClimbersWayTreeComp17

2 entries per person!

The competition will end November 5th and the winner will be announced the week of the 6th November.

Terms: All images must be your own. 2 Entries per person. Must use the hashtag #ClimbersWayTreeComp17

Follow us on Instagram and Twitter to look out for the winner – @climbersway!

Autumn Landscape

October is a good time to get your grounds or gardens sorted before the winter weather really hits. Although October will probably see the first frosts here in the south of England, temperatures can reach 16°C or more if you’re lucky enough to have a bright, sunny day.

The first job to think about when caring for trees and larger shrubs is to check that they are physically sound for the winter, as much as they can be. If they have ties or stakes, check they are still secure and replace them if required.

Check for any branches that didn’t produce leaves or where the leaves have died more quickly than the rest of the plant. This is probably a sign that the branch has died so you may want to consider removing it before it becomes a hazard. See if you can see why it might have died; it may be due to a pest, disease or fungus that could go on to affect the rest of the plant so some timely action could be required to prevent further damage. (The RHS website offers some great advice on what pests and diseases might be to blame.)

If you have deciduous hedges, now is a good time to give them one final tidy up before the winter. Evergreen hedges are not likely to grow much more either, with the weather getting cooler, so you can neaten them up if they need it too.

October is an ideal time for moving or planting new trees, hedges, shrubs and climbing plants – as long as the soil hasn’t become waterlogged and strong winds are not imminent! Look out for our next article about bare root plants to read more about this.

If you want to take hardwood cuttings of hedges or shrubs, October is a good time to do that.

Think about what you want to do with your fallen leaves. When fallen on open soil, dead leaves create a natural mulch that will help keep weeds down, retain moisture (if that’s relevant!) and create micro-environments for friendly garden insects and animals, so you might want to consider leaving them there. However, when fallen on paths or lawns, dead leaves can become a sludgy mess, that not only blocks light to your lawn and harbours nasty bugs, but which can be a slip hazard.

Fallen leaves on a path

Think about adding unwanted leaves to your compost heap or create a leaf pile that will eventually break down to become leaf mould, a rich source of nutrients to dig back into your soil. (The BBC Gardeners World webpages have some advice on this).

Finally, think about being a friend to the wildlife in your area. If you haven’t already done so, clean out birdboxes, feeders and water troughs. Hedgehogs need a final good meal before they settle down to hibernate: the British Hedgehog Preservation Society has useful advice on what and when to feed.

Young hedgehog looking at the camera

And, of course, if you’ve built a bonfire, don’t forget to check it for sleeping creatures before you light it!

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