UKTC Archive

RE: occupiers liability [Scanned]

Subject: RE: occupiers liability [Scanned]
From: Edmund Hopkins
Date: Nov 24 2008 08:42:43
This is the sort of question which invites answers that differ from one 
another according to the importance one attaches to any particular court 
judgement, and I can't answer it.

Still here's another angle for your client: legitimise the de facto access, 
probably a circular route incorporating that stretch of bridleway, and bring 
these trespassers who are probably upstanding citizens who already feel a 
sense of ownership into the loop. That might generate a bit of dosh as well 
as good will, and you could write a leaflet about the place to boot, setting 
out the importance of leaving bits of the wood alone altogether. I imagine 
too that although a duty of care is owed to trespassers the likelihood of one 
being in the wrong place at the wrong time may be remote, if you have done 
that analysis.

Edmund

Edmund Hopkins
Tree Officer
Planning Services
Nottingham City Council
________________________________________
From: paul hughes [paul@xxxxxxxxxxxxxxxxxxxxx.co.uk]
Sent: 22 November 2008 13:49
To: UK Tree Care
Subject: occupiers liability [Scanned]

My client has a woodland with mature trees that are in decline with ganoderma 
, HF etc present.
Several people enter the wood uninvited to exercise their dogs bowels (and 
legs) but there are clear warnings about trespass in place.
As the estate is an old peoples home with charitable status (including the 
woodland) there is little money in the pot for the felling 'necessary'.  I 
would like to be able to leave those trees deeper into the wood to a more 
natural decline dealing with the iffy ones by the drive and nearby bridle way.
Is a sign about trespass and stating the condition of the trees with a 
disclaimer enough to enable us to leave the deeper wood to its own devices? 
Or are we still culpable if a trespasser gets squashed?

thanks
Paul


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