Understanding duty of care for trees: What every landowner needs to know

Homeowners and landowners with trees on their property must ensure they understand the law and their responsibilities when it comes to the duty of care for trees.

Arboriculturists from Arbtech have shared their advice and guidance so those with a tree on their property are fully aware of their responsibilities.

A mature tree can be a dramatic living feature, serving as a focal point not only for the property in which it grows but for the wider area and the whole community to enjoy.

Beyond its immediate visual appeal, a mature tree provides shade, improves air quality and provides a habitat for wildlife. Not only this, but as a tree grows and matures, these benefits generally increase with time.

However, it is important to understand the law and what responsibilities come with owning a tree.

Tree owners have a legal duty to ensure that trees growing on their property are reasonably safe and do not pose a foreseeable risk to others.

In almost all cases, the safety of a tree is the responsibility of the owner of the land on which the tree grows.

But there can be exceptions to this. If a tree lies on boundary lines, then it is jointly owned by each neighbour, and there can be cases where a rental agreement requires the tenant of a property to manage trees.

With tree owners having a legal duty to ensure the safety of their neighbours, it is important that trees are not left to be unsafe through damage or disease, as this may leave them liable if it causes any damage to a property or person.

It is recommended that tree owners have regular tree surveys completed by qualified arboriculturalists to ensure the ongoing safety of any trees on the property.

As well as a duty of care for their neighbours, tree owners also have a duty under the Occupiers Liability Acts that they take reasonable steps to ensure visitors or trespassers on their lands are safe.

Whilst the safety of a tree is the responsibility of the owner of the land on which the tree grows, there may be instances where a tree is overhanging onto neighbouring property.

If unable to reach a resolution with a neighbour beforehand, under established ‘common law’, branches and roots that grow over the boundary can be pruned, with or without a neighbour’s consent, as long as reasonable care is taken to not cause any damage to the tree.

And in these instances, the parts cut from the tree do still remain the property of the owner, and therefore should be offered back.

However, it is imperative that checks are made to find out whether a tree has any legal restrictions applied to it prior to undertaking any work on it.

There are a number of ways that trees can be protected in the UK, including Tree Preservation Orders (TPOs), Conservation Areas, and the Felling Licence System.

A tree’s status can be checked with a local council. Depending on the protection that a tree has, a person could find themselves liable to prosecution should any work be undertaken on a tree without permission.

Andrew Ward from Arbtech said, “It’s really important that tree owners are well aware of the law and their responsibilities when it comes to the duty of care for trees.

“Not only for their own but for their neighbours’ safety as well.

“Making sure that any trees on your property are healthy and free from disease should be a big priority.

“Having a tree survey done can give you peace of mind and ensure that you are following the duty of care for your neighbours.

“If you are looking to remove a tree or any of its branches, you do also need to take into consideration whether the tree has a protected status or not as well.

“Before undertaking any work like this, always check with your local council to see what the tree’s status is, as you could find yourself liable to prosecution if you carry out any work without permission.”