Tree Law: A Brief Guide for Property Owners
When it comes to trees, the law can be surprisingly complex. Misunderstandings between neighbours are common and can quickly lead to unnecessary stress and disputes. This guide provides a simplified overview of some of the key principles of tree law in the UK.
Common Law
Under common law, a property owner is generally entitled to prune branches or roots that encroach onto their land, provided the work is carried out up to the boundary line only.
However, this right is not unlimited. Any pruning must not create a foreseeable hazard or make the tree unsafe, potentially putting people or property at risk.
It is important to understand that overhanging branches do not become the property of the neighbouring landowner. The tree remains the responsibility of its owner, including any dead or dangerous branches that extend beyond the boundary and could pose a risk to neighbouring properties.
A common misconception is that pruned branches can simply be thrown back into the tree owner’s garden. This should be avoided, as doing so could create a nuisance or even result in liability if damage or injury occurs.
Branches, fruit, or other material removed from a neighbour’s side of the boundary technically remain the property of the tree owner. Traditionally, these should be offered back to the owner, although in practice many owners are happy for the neighbour to dispose of the resulting waste.
Statutory Duties
Property owners have a legal duty to take reasonable care to prevent foreseeable harm arising from trees on their land.
This duty is reflected in legislation including the Occupiers’ Liability Acts 1957 and 1984, which require landowners and occupiers to take reasonable steps to ensure that visitors are not exposed to unnecessary risks.
For businesses and employers, additional responsibilities arise under the Health and Safety at Work etc. Act 1974, which requires reasonable measures to protect employees, contractors, and visitors from health and safety hazards.
Even without specialist knowledge of arboriculture, landowners are expected to act as a reasonable and prudent owner would in similar circumstances.
Tree Preservation Orders (TPOs)
A Tree Preservation Order (TPO) is a legal protection placed on specific trees by the Local Planning Authority (LPA).
TPOs can apply to individual trees, groups of trees, woodlands, or defined areas. Once protected, most pruning, felling, or other significant work requires formal consent from the LPA before it can proceed.
Applications are typically determined within eight weeks, although timescales may vary.
Conservation Areas
Trees within designated Conservation Areas may also be protected.
In most cases, anyone wishing to carry out work on a tree with a stem diameter greater than 75mm (measured at 1.5 metres above ground level) must give the Local Planning Authority six weeks’ written notice before work begins.
This notice period allows the authority to consider whether the tree should receive additional protection through a Tree Preservation Order.
Disclaimer: This guide is intended for general information only and does not constitute legal advice. Tree law can be complex and highly dependent on individual circumstances. Professional advice should be sought where specific legal issues arise.