Trees are a cherished feature of many estates and properties, contributing to the aesthetics, tranquillity, and value of the spaces they occupy. While beautiful, trees present certain risks and managing trees on your property is not just about aesthetics but also about ensuring safety, maintaining property value, and fulfilling legal responsibilities.
As a property owner, it is your responsibility, and you have a legal duty to take reasonable management measures, to avoid injury or damage to people and property from trees on your land. If a tree on your property causes damage or injury to a neighbouring property or an individual, you could be held liable for any costs and damages awarded as a result of legal action taken against you. Equally, if damage is caused to your own property, your insurer will expect you to have taken necessary precautions to reduce the chances of such an event occurring. If you have trees that could cause loss or harm, it is important you take reasonable and proportionate steps to reduce your risks.
Understanding and mitigating your risks
With our seemingly very short British summer almost over and as we enter the more colourful season, we are reminded of the risks associated with trees, most commonly caused by falling trees and branches. Trees don’t only fall and shed large branches during storms and strong winds, they will also naturally fall as a result of age and disease, which cannot always be seen.
Large trees, or trees growing close to roads and property can also cause damage through their roots. Tree roots can extend to great lengths, potentially interfering with underground utilities, foundations, and plumbing. This can lead to costly property damage, from clogged drains to cracked foundations, for you or others with property nearby.
The following precautionary measures can be taken to manage and reduce your risk.
- Regular Inspections
Schedule routine tree inspections by a certified arborist, especially after severe weather events. This helps detect any damage or vulnerabilities that may have developed and could cause issues.
- Pruning and Maintenance
Regularly prune trees to remove dead or overhanging branches. Pruning not only enhances safety but also improves the overall health and aesthetics of the trees.
- Disease and Pest Management
Implement disease and pest maintenance for your trees; addressing issues promptly can prevent them from spreading to other trees on your property.
- Proper Planting
When adding new trees, ensure they are planted correctly and at an appropriate distance from structures and other trees. Follow best practices for tree planting to encourage healthy growth. The type of tree you plant can also have an impact on the risk it poses in terms of subsidence – you can read more on this here.
More on tree surveys and inspections
Industry experts, ProHort, recommend that you have your trees surveyed at least once every two years; hiring a certified arborist to conduct these regular tree surveys and inspections is crucial. These professionals can identify potential risks, diagnose diseases or infestations, and advise on appropriate action where issues are found. Arborists can also conduct hazard assessments, identifying trees or branches that may pose a risk of falling or causing damage/injury; they will recommend pruning, bracing, or removal as needed.
Evidencing the occurrence and adherence to regular tree inspections will also help protect you in the event a claim; if you have fulfilled your duties as a landowner, it is far less likely you can be proven to have been negligent should an incident occur.
As with many risk management covers, insurers assume a policyholder will implement measures as needed and conform to the legal conditions of cover; should you fail to do this, your insurer may reject your claim whether this be someone making a liability claim against you for damage to their property or for injury, or if you are making a claim for your own damages. Managing trees on your property is a responsibility that encompasses safety, property value, and legal obligations.
If you’re unsure as to what measures your insurance policy expects you to take, get in touch with the team at McClarrons who will be happy to guide you further and help you to decrease the likelihood of suffering a claim for which you will not be covered or, even better, a claim in the first place.
You can contact our specialist Private Clients team at affinity@mcclarroninsurance.com or on 01653 602634.
