Your Trees, Your Obligations
Some of the information out there can be confusing regarding the responsibility of home/landowners and their obligations when it comes to tending to trees so we thought we would put together a short, at a glance guide. If you have any further questions just send us an email and we’ll be happy to assist you as best as we can!
Liability for Damages Caused by Fallen or Otherwise Damaged Trees
As a basic rule of thumb if damages caused by a tree are due to severe adverse weather conditions then it would be put down as an “act of God” and no one will be subject to liability. However, if it can be established that the tree was damaged/ diseased/ dead/ unstable or in any way in a more fragile state then liability could be argued. It is the responsibility of the person who owns the land of which the tree grows to ensure that they eradicate risk posed by their trees to people and property.
Boundaries- Who Owns What?
We could be very lengthy here, as this is a complex area in terms of shared property and land disputes but again as a general rule of thumb:
- In strict terms, the tree can only be cut to the property line i.e. if the branches of your tree overhang into a neighbor’s garden they are entitled to cut the branches on their side.
- It is generally accepted that no one is responsible for leaf fall or any subsequent tidy up costs.
- Shared land may be subject to agreed appointed management within the title deeds or contract with a factor. It is essential to consult these and check your legal obligations before instructing a company to quote or carry out any work.
Tree Preservation Orders and Conservation Orders
- If you suspect your trees may be subject to any of the above, then contact your local authority who will be able to advise you.
- Any proposed work to trees subject to the above must be evaluated by a qualified tree surgeon and approved by the local authority before any work can be carried out.
Other considerations for your neighbors
- High hedges and trees can block light to your neighbor’s home or obstruct previously enjoyed views. Neighbors can raise an action against you if this is the case. You have an obligation to engage in negotiations.
- Roots from trees can interfere with your neighbor’s grounds potentially creating a tripping hazard/ causing damage to paving etc.
A Word of Advice….
- Instructing a qualified tree surgeon to carry out work goes a long way to protecting you and your obligations, make sure to use a reputable company and ensure they have public liability insurance. Attempting tree- surgery yourself if not only dangerous to yourself and others but you also risk killing the tree.
- Don’t “put it off”. The longer a tree is left to grow gigantic proportions or for a disease to spread throughout the tree the greater the risks and expense to resolve the issue.
Some useful resources:
https://www.citizensadvice.org.uk/scotland/housing/problems-where-you-live-s/neighbour-disputes-s/
https://www.gov.uk/guidance/tree-preservation-orders-and-trees-in-conservation-areas
https://www.legislation.gov.uk/ukpga/Eliz2/7-8/56/contents
https://www.gov.uk/government/publications/rights-to-light
*Disclaimer*
Please note this is not intended as legal advice, this blog entry is simply providing generally accepted information in relation to the points raised and cannot be founded upon. We would urge all of our customers if in any doubt about their obligations/ options to consult their insurers, solicitors, local authorities and the relevant legislation.