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Home:
Q&A:
Trees
Trees and the law FAQs
Jim MacDonald - September 2007
planning.contactcentre@kirklees.gov.uk
How to contact us...
Please see our Trees in Kirklees page for contact details.
I have a tree growing in my garden. What are my responsibilities ?
If you have freehold ownership of land upon which a tree grows you are responsible for it, unless you have
leased the land to a third party who, through the terms of the lease, has accepted this responsibility.
The owner of a tree owes a duty of care to all third parties and is at all times liable for any nuisance or
damage the tree causes. Should the tree owner be aware of a defect in his/her tree and not address it,
and damage subsequently results, he/she may be held liable for negligence. The duty of care extends
even to persons who may trespass onto the tree owner's land.
My neighbours have planted a tree very close to our boundary. Can they do this ?
There is no law preventing any person planting or growing a tree anywhere on his/her property. Neither
is there any restriction upon the size to which they may grow it. However any person who plants a
poisonous tree so close to a boundary that its branches grow over that boundary and are eaten by a
neighbour's livestock, may be held liable for damages. If however a neighbour's livestock reach
over to the tree owner's side of the boundary to eat the leaves, the tree owner will not be liable unless
he/she has a legal responsibility to maintain the boundary.
The branches of my neighbour's tree extend over my property, what can I do ?
Common law allows you to prune unprotected trees and hedges overhanging your land and the roots growing
under your land up to your boundary without the consent of the owner, but you must not trespass on to
your neighbour's land to do this. In addition you must offer to return the wood and any fruit
attached or which has fallen on to your land. However you do have a duty of care for the tree and
may be liable for damages if any work you do, or ask others to do for you, causes the tree to die or become
dangerous. If the tree is protected this common law right is void and consent must be sought from the
council's Tree Section before any work takes place.
My neighbour's tree is blocking my light. What can I do ?
There is no prescriptive right to light. Any case in respect of loss of light must be proven in the
Civil Court. If successful an injunction may be served by the Court requiring the offending trees
to be reduced in height or restricting their further growth.
My neighbour's trees are blocking my view. What can I do ?
Nothing except speak to your neighbour and ask him/her to remedy the situation. There is no right
to a view.
My neighbour's tree is causing damage to my property. What can I do ?
If you believe your property to be suffering direct or indirect damage by tree roots, you are best advised
to consult an arboricultural consultant (tree care specialist) or a building surveyor. There will
usually be evidence of damage such as deformation, bowing or cracking of walls, uneven surfacing or blocked
drains. If this is the case you should notify your building insurer who may initiate further investigations
and negotiate with the tree owner and their insurer. In cases where damage is proven, the tree owner is
liable. See also Trees and structural damage.
I believe my neighbour's tree to be dangerous. What can I do ?
The definition of 'dangerous' is ambiguous. A tree is not dangerous because it is tall or has a wide,
spreading crown. Before taking any action you should contact a specialist tree consultant of contractor
(See Obtaining professional help).
Once you are sure of your facts, you should notify your neighbour of your concerns and ask that he/she address
the problem. If he/she does not and some damage accrues from this negligence then you may take action
against the tree owner through the courts where it may be possible to obtain an injunction requiring the tree
owner to take whatever action is necessary to remedy the problem.
Can the Council deal with dangerous trees ?
The Council has powers to deal with trees which are 'imminently dangerous' (i.e. uprooted trees, fallen trees,
etc). The Council cannot take action against a neighbour's tree or a tree on private land just because
of the fear and apprehension the tree causes to you.
The following are typical examples of invalid interpretations of a dangerous tree:
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The tree is too tall, too big, it has a broad crown:
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A tall tree and/or a broad spreading crown is not a dangerous tree. Trees will natural grow as
their genetic codes of their species dictate, and depending on the presence of external influences
such as adjacent structures, natural competition from other trees, soil type and fertility or
microclimate.
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The tree sways when its windy:
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A tree swaying in the wind is not a dangerous tree. Trees will naturally bend and sway in the
wind, as the pliability in the branches is a natural mechanism which helps prevent fracture.
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The tree has a lean:
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A tree which has grown with a lean is not a dangerous tree. The tree develops fatter growth
rings on one side to make it stable. For further information see
Dangerous trees
There is a tree on neighbouring land causing me problems but I do not know who owns it. How do I find out ?
The Council cannot investigate land ownership. You should contact the Land Registry at:
Land Registry, Nottingham (West) Office
Chalfont Drive
Nottingham
NG8 3RN
Tel: 0115 935 1166
Fax: 0115 935 0038
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