We fully inspect trees on a regular basis and specify work when it is needed to manage or maintain safety. Inspections and remedial works are carried out by suitably competent colleagues who are highly trained and skilled in the management of trees.
Unless there is a safety risk (either imminent or not) work is not undertaken. The risk is assessed by a suitably competent colleague.
We don’t remove healthy limbs from trees, this being primarily to avoid damage to the tree which can make the tree a greater hazard by far. Unnecessary work to trees causes future safety concerns and invariably will not be a long-term solution.
However, under established ‘common law,’ people can prune branches and roots that grow over their boundary.
Responsibility for Trees in Gardens
- Tree Maintenance in Gardens: If the tree is within a garden, the upkeep is the responsibility of the contract holder. This includes regular maintenance and care of the tree. Please advise them this means they would have a legal duty, however, to take ‘reasonable care’ whilst undertaking the works, and may be liable if you damage your tree, or cause it to become unstable.
- Overhanging Branches: A contract holder or their neighbour is permitted to cut back branches that are overhanging their property, as long as the tree is within their own garden.
Overhanging Trees on Public Footpaths
- If a tree is overhanging a public footpath, we will investigate to determine whether the tree is on our land. If it is, we will take the necessary steps to resolve the issue.
It is important to understand that this liability last indefinitely once the work is undertaken. It is therefore unwise to undertake works without first consulting an arboriculturist. The minimum requirement a qualified contractor, who can demonstrate current insurance for undertaking such work and who can carry works in line with the BS3998.
If the tree resides on BA owned land, then permission should be granted beforehand if access to the tree is needed to carry out works. This will ensure our records are updated accordingly.