I am worried that my neighbour’s tree is dangerous. What should I do?
If a tree growing on someone else’s land causes injury to someone or damage to property then the owner may be liable.
If you think your neighbour’s tree might be dangerous then you should contact an arboricultural consultant for further advice.
It is always best to settle a dispute about trees amicably and it is recommended that you try to resolve the matter by talking to your neighbours first.
If the tree is identified as an immediate danger, and your neighbour has refused to address the problem, then the Council may intervene if formally requested to do so.
I'm worried about the safety of my tree - can a Council's tree officer come and inspect it?
Council Tree Officers are not in post to give independent advice to the public about their trees or to recommend individual contractors or consultants.
We advise residents to seek help and advice when they are concerned from professionals who are approved by a recognised body such as the Arboricultural Association.
The Arboricultural Association has a list of Approved Contractors and Registered Consultants on our website.
I have a tree which is outside my boundary and not under my control - whose responsibility is it?
The law is very clear with regard to a tree owner’s ‘duty of care’ and legally, the owner of the land is responsible for trees growing on their land.
You should contact your local Council if there tree is growing on Council owned or managed land.
Local government tree officers are usually responsible for the care and management of trees owned by the council. Including public woodland, country parks, parks and recreational spaces in towns and cities, and at the side of roads.
Local Councils don't hold records of land ownership and they can't advise you on the ownership of trees. You should contact the Land Registry who hold details of land ownership. A charge is made for this service.
I do not know who owns a tree, which is causing me concern – who do I contact?
Local Councils do not hold records of land ownership, and therefore cannot advise on the ownership of trees, you should contact the Land Registry who hold details of land ownership. A charge is made for this service.
The tree belongs to the person upon whose land it has originally grown. Even if its branches or, worse still, its roots have begun to grow over or into a neighbour’s territory, it belongs to the landowner where the tree was originally planted.
Even if the tree bears fruit or flowers on branches which overhang into your land, it’s an offence under the Theft Act 1968 to keep them or to take cuttings of flowers, for example