Trees bring huge health benefits and aesthetic value to our homes and quite rightly feature in most new property developments. But they also bring their fair share of problems and it’s worth ensuring any new home you purchase is not adversely affected by tree root growth or is at risk of damage from falling branches.

As a tree surgery business, we’re often asked for advice from homeowners whose property is affected by a tree owned by a third party. A common example is a property set within private parkland or one that lies close to land owned by a local authority. The law is very clear that the responsibility of ensuring a tree is safe and poses no risks to people or property lies with the landowner, however, in reality not all landowners are keen to undertake necessary safety checks, leaving the homeowner in a tricky situation.

Unfortunately, living directly under or in close proximity to a tree is always going to carry an element of risk. No tree is ever 100% safe however with regular inspections and maintenance pruning you can reduce the risks and begin to enjoy being at such close encounters with nature again.

The best way of ensuring the health of a tree is to carry out a tree survey. This must be carried out by a professional, fully-insured arborist who will look in detail at any possible disease or decay that could render the tree a risk. The landowner is responsible for covering the cost of such a survey however it’s not always possible to gain their consent for such a measure. In such circumstances, a property owner should write to their local council explaining their concerns about the health of the tree as they will be able to follow up the complaint on their behalf.

The Local Government (Miscellaneous Provisions) Act 1976 – Sections 23 & 24 (Dangerous Trees) gives local authorities powers to take action in respect of trees which are thought to be dangerous and are not owned by the council. The legislation is usually a last resort if the owner refuses all previous appeals to tend to the dangerous tree and is only used in cases where there is thought to be imminent danger to people or property. In such circumstances, a council can serve a notice on the tree owner requiring specified work to be completed within a certain timescale. If the work is not carried out, the council can do the work itself and charge the tree owner directly.

In situations where a tree doesn’t pose imminent danger, the council has limited powers. It can write to a tree owner expressing concern and use the law to investigate the tree, but will only be able to take enforcement action in cases where the tree is extremely dangerous.

For peace of mind, many homeowners arrange for a tree survey to be carried out themselves and ensure that any correspondence or reports are forwarded to the tree owner. By refusing to carry out any recommended works, the tree owner is making themselves liable for subsequent damage/personal injury claims should the worst occur.

If you would like further information about the risks of living under or close to a tree, we are more than happy to help.