However, this does not mean that they are obliged to pay. In cases where a tree owner has neglected the maintenance of the tree, he may be hired to pay for the removal and repair. Never try to remove a tree from someone else`s land without their permission. There are many reasons why a tree can fall – unusually strong winds, weight of snow on an already unbalanced tree, disease or infestation, to name a few. And while there is often no sign that a tree isn`t strong enough to resist this, there will be times when it can be assumed that all the signs were there and you should have picked them up. An inspection can be carried out by the owner of the tree. The National Tree Safety Group`s Tree Risk Assessment (pdf) is a good place to find information. For trees located in high-risk areas (e.g., above a public trail) or when there are concerns about the safety of a tree, it is best to conduct a professional inspection (see below). This is not a complete summary of the relationship of English law with trees and hedges, nor is it a legal document. If the issues are complex or not addressed below, the RHS strongly recommends consulting a health care professional. This page is intended to provide basic practical advice on the most common questions gardeners and homeowners regarding trees and similar woody plants. Trees add structure and drama to a garden, but their size and potential for nuisance or damage mean they can sometimes be a concern. Understanding UK law when it comes to trees can help anyone understand the rights and obligations of tree ownership.
Some situations can lead you to be sued for negligence. However, the injured party must prove that your tree was the cause. The court can order you to pay compensation and “reduce harassment,” although in many situations, home insurance covers these risks. If the owner of a tree on a residential property notices an obvious defect in the tree and knows that some trees are damaged or rotten and does nothing about it, it can cause serious problems for the tree owner if the trees fall. Who owns a tree that grows on a border? If the base of a tree is on the boundary between two plots, it belongs jointly to both (they are classified as roommates). If one owner cuts down the entire tree without the permission of the other owner, it would make him responsible (as it amounts to an intrusion). The consent of the other owner must also be obtained before starting work on the tree. In most cases, it would make sense for the neighbor to claim their damage insurance and contact you to cover a loss of profit, but such an event can cause irreparable damage to your relationship with them in order to minimize the possibility of this happening and protect against legal claims.
if your tree causes damage to a neighbor`s property. Here are a few things to do: In general, the law of England and Wales states that a tree owner can only cut branches or roots on his own side of the demarcation line. If there is a real risk of property damage or injury, you can do the work across the border. However, you will need the neighbor`s permission before crossing the line and causing a border dispute. The question of who is responsible for removing a fallen tree or large branches after a storm is very common, as is the question of who should bear the costs. Even a relatively small tree can weigh several tons, and the branch of a large old oak tree alone can weigh several tons. A tree that is blown or loses a large branch can lead to death or serious injury and costly property damage, with damage to roads and railways posing a real risk. Can I cut the roots that grow in my property? Yes. You have the same rights (and responsibilities) as when you operate branches. And prior approval from the local authority is required if the tree has a TPO or is located in a nature reserve.
Trees don`t just fall or lose large branches during storms or strong winds: sometimes they fall naturally due to disease or even age. Dead wood is part of a tree`s natural growth cycle, but if not removed regularly, it can tend to fall off without warning. If a tree falls on nearby land, it could be assumed that the owner of the tree is responsible for removing the tree. However, this is not the case. What can I do if a neighbor`s tree blocks my light? The Light Rights Act 1959 states that if a property has received daylight within the last 20 years (the minimum period required), it may have the right to continue to receive that light. That is, if your neighbor builds a large fence that restricts the daylight your property receives (for example, by blocking daylight that reaches a window), you may be able to ask the courts to restore your daylight or obtain an injunction to prevent the construction of a proposed fence. Theoretically, the same case can be done for large light-blocking trees, but trees are rarely involved because they grow slowly and it is difficult to say exactly when the light loss occurred. Before looking at who is responsible for cutting down the trees, it is important to understand why the tree fell. What if I had been told that the tree was dangerous and that I had done nothing about it? You are responsible if you have not taken the necessary steps after an inspection (see More information and recommendations for tree inspection). If a tree is subject to a Tree Protection Ordinance (OPC), it is important to obtain approval from the local authority before any work is carried out, even if it is critical remediation work that must be carried out quickly.
If the tree is not a listed building, you can cut the overhanging branches to the boundary point between your plots.