It’s emerged this afternoon that residents’ associations could be held responsible for damage or injuries caused by trees falling within their estates.
The issue arose at a meeting of Letterkenny Milford Municipal District, during which Cllr Gerry McMonagle said with increased weather warnings around Climate Change, and warnings of more severe weather conditions in the future, the risk posed by trees needs to be assessed.
Cllr McMonagle asked that an audit be carried out of all trees in housing developments across the Letterkenny Milford Municipal District, with a view towards removing trees deemed to be dangerous.
In particular, he asked for an audit in Knocknamona Park and Park View, where a number of trees came down during Storm Eowyn, narrowly missing houses.
He also said in some cases, growing trees are affecting footpaths and roads.
Officials said under law, the landowner is responsible for taking all reasonable steps to ensure that trees on their land is not a hazard or potential hazard to persons using the public road.
Thus, in housing estates, they said, the management of trees would be the responsibility of the landowner or the residents’ association, whichever has the responsibilities for the Green Areas within the housing estate.
Cllr McMonagle asked if that was effectively putting the responsibility on residents’ associations if someone were killed or injured by a falling tree on a green area. In many cases, he added, residents’ associations are no longer functional, and this issue requires a council response as that is a big burden to place on any group.
Seconding the motion, Cllr Jimmy Kavanagh said of there are responsibilities lying with landowners or others, they need to be advised of that by the council.
