Covenants & Responsibilities

A general reference provided for residents of Wheal Regent Park

Crinnis Wood – TP1 Applicable to all residents of Wheal Regent Park and stipulates the covenants by which residents and the Management Company are bound.
CWMCL Memorandum Articles The articles by which the Crinnis Wood Management Company are legally bound.

Landowners (of Crinnis Wood) Responsibilities

With recent tree falls, and general concern over CWMCL liability, Smith Gore cited the following link which provides a basis for a standard of practice.

Being a Landowner implies a duty of care under the Occupiers’ Liability Act 1957. The Act provides that they should take such care as in all the “circumstances of the case is reasonable to see that the visitor will be reasonably safe in using the premises for the purpose for which he is invited or permitted by the occupier to be there”.

To prevent any legal and financial penalties, it is important to maintain a record of Landowners should consider the following steps to ensure that the public are adequately protected when on their land:

  • Take out adequate insurance against liability. No matter how much care is taken, accidents do happen.
  • Ensure that any person carrying out works on the land has adequate public liability insurance which covers the occupier against unforeseen consequences of the works.
  • Inform insurers of a change in circumstances which might affect the risk insured against, for example, re-routing a public path.
  • Agree a tree inspection programme. Inspections of trees should be carried out at least on an annual basis and additional inspections should be carried out if there has just been a storm.
  • Use an inspector who is suitably experienced and competent.
  • When inspecting trees, ensure the inspection includes the entire tree, not just parts that appear to be in poor condition or in danger of falling.
  • Inspections should concentrate on areas where there is a significant public risk to persons and to property.
  • Occupiers must expect children to behave with less care than adults, so consider whether children might suffer injury from climbing trees with weak or damaged branches.
  • Keep a written record of advice given and work carried out to remedy any problems for insurance purposes.
  • If there is potential for a problem, restrict access to the area and carry out remedial work if necessary, for example, tree surgery or felling.
  • Before carrying out work on trees, check with the Local Authority whether the tree is subject to a Tree Preservation Order or in a Conservation Area. It may be necessary to obtain written consent from the Local Authority before carrying out works.
  • Subject to certain exceptions (e.g. trees in a garden and trees that need to be felled to prevent danger), it is also a criminal offence to fell a tree without the appropriate licence from the Forestry Commission. Therefore check if such consent is needed.