Trees: Be Informed!
Do you live in a property where the grounds are managed by a management company? If you do, the chances are that they deal with maintenance issues. Sometimes, a professional company is involved, sometimes it is the residents who deal with issues. The Duty of Care with reference to trees is different for a private resident compared to a property with a management company. I shall never forget a meeting I had some years ago with a barrister involved with a claim. A tree in a garden had split in two, part landing on the busy road beyond, causing an on-going car to swerve and crash. The driver was making a claim. The barrister explained that if the tree had been in a private garden, there would be little basis for a claim. HOWEVER, because the garden was the communal grounds of a development of apartments, run by a management company, this was a corporate issue, and the claim had merit.