My property lies under an oak tree, how do I persuade the landowners to carry out safety checks?

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Prince Tree Surgery

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.

My property lies under an oak tree, how do I persuade the landowners to carry out safety checks? Prince Tree SurgeryThe 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.

My property lies under an oak tree, how do I persuade the landowners to carry out safety checks?

Can I cut trees overhanging my garden?

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Can I cut trees overhanging my garden?

Trees and hedging are responsible for a huge number of neighbourly disputes in the UK. Every year, tree surgery businesses receive numerous enquiries from customers seeking clarity over the law relating to overhanging trees and whether it is or isn’t legal to cut down trees encroaching on to their land.

There is a common law right which allows a homeowner or any expert they employ such as a tree surgeon or gardener to prune hedging, trees or shrubs which line/overhang their boundary for the purpose of keeping their own land in order. However, restrictions apply and there are a number of responsibilities that must be accepted by individuals carrying out the pruning.

Whether you decide to tackle the pruning yourself or hire a tree surgeon to perform the job, any cuttings collected during the job such as fruit or firewood must be offered to the tree owner initially. If this is declined, then it is the responsibility of the person carrying out the pruning to dispose of the garden waste in the correct manner.

The common law right to prune an overhanging tree is only applicable if the work is carried out on the side of the fence in which the tree overhands. The law of trespass continues to apply in this situation and while you are not obliged to seek the tree owner’s permission for pruning work to take place, you must always remain within your boundary. Unless specific permission is given by the landowner to prune a wider area of the tree, then cutting may only take place on the neighbour’s land.

It is always sensible to hire a professional tree surgeon to carry out any work from height or in any situation in which injury or damage could occur to people or property. Tackling pruning work to a tree which overhangs your property could be dangerous and if anything was to go wrong, the liabilities lie with the person who carried out the cutting. Tree surgeons are not only highly trained to carry out such work safely they are also adequately insured against injury/damage caused as a result of their work. Homeowners who tackle the job themselves leave themselves at risk of future negligence claims if their inadequate work permanently damages the tree, making it dangerous.

Homeowners who wish to prune a tree overhanging their boundary should always check with their local authority whether the tree carries a Tree Preservation Order or falls within a Conservation Area before beginning any work. Trees with TPOs require special permission before any pruning can take place and this is provided by the local authority.

If the tree overhanging your property is owned by your local council then you are entitled to make a request that the overhanging branches are pruned back. A tree officer will respond to your request and will notify you of any planned work.