I have a tree in my garden, what are my responsibilities?

• If you have freehold ownership of land you are responsible for trees that grow on it, unless you have leased the land to a third party who has accepted this responsibility through the terms of the lease.
• 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 their tree and not address it, and damage subsequently results, they may be held liable for negligence.
• The duty of care extends even to persons who may trespass onto the tree owner's land.

How does a tree work?

A tree is the sum of a number of highly specialised compartments, each of which is dependent upon the other. The roots take up moisture and nutrition, the leaves create sugars from sunlight, via a process called photosynthesis and the trunk and branches act as a support and transport system between the two.

How deep do roots go?

Although seedlings will often produce a single, long 'tap root' as they mature the configuration of a tree's root is almost exclusively lateral and within the top two or three feet of the soil. Any alteration in soil levels either up or down within the rooting zone will result in serious damage.

What are the most common causes of damage to garden trees?

Fire is perhaps the most common. Setting a fire beneath the branches of a tree may result in root damage as the soil heats, the scorching of foliage and the death of buds and branches, and the scorching and killing of bark which ultimately permits the entry of harmful bacteria and fungi into the tree. After this: crude pruning - 'topping', altering soil levels, piling of compost heaps close to tree trunks and root damage accruing from digging foundations for extensions or conservatories, laying tarmac drives and carrying out hard landscaping too close to trees.

What is the best thing I can do for my tree?

Simply leave it alone. Whenever you take a cutting instrument to a tree you are altering its natural state and destroying a defence mechanism, breaking down a barrier against infection and infestation. A tree should only be pruned to remove branches which are damaged by natural causes or diseased.

What if my tree is too tall?

Trees are never too tall. A tree grows (within its species limits) as large as the space, light, water, nutrition and oxygen available to it permits. Trees cannot grow too tall - a tall, vigorous tree is usually a healthy one.

I want to prune my tree. What are the options?

Things you might want to achieve:

• To increase light levels: crown thin (the maximum recommended by the British Standard is 30% of the leaf or potential leaf area).
• To reduce the risk of storm damage and wind-throw: crown thin and crown clean.
• To prevent falling dead branches: crown clean and deadwood.
• To alleviate obstruction to public thoroughfare or highway: crown lift.
• To alleviate problems arising from branches coming into contact with the fabric of property: specific branch reduction.

Types of pruning:

• Formative pruning - the pruning of a young tree to produce a specimen, which in maturity will be free from major physical weaknesses.
• Crown lifting - the removal of a tree's lower branches, or parts thereof, to reduce obstruction, increase daylight or open views beneath the crown (the collective name for the leaf and branches).
• Crown thinning - the selective removal of branches, or parts thereof, evenly throughout the tree's crown to reduce its density without affecting the tree's overall size and shape.
• Crown reduction - the cutting back of branches to a side bud or sprout to reduce the overall dimensions of the tree.
• Dead wooding - the removal from the tree's crown of all dead, dying or diseased wood.
• Remedial pruning or crown cleaning - the removal from the crown of a tree all diseased or damaged branches, unwanted or unsightly growth, and invasive climbing plants such as ivy or honeysuckle.
• Pollarding - the removal at a pre-determined height of the crown from a young tree to encourage the development of a knuckle (pollard head) from which grow young shoots that are regularly harvested. 'Topping' is not pollarding. 'Topping' is the removal of the crown from a mature tree. It is extremely harmful and under normal circumstances should not be practised.
• Wound paints - should never be used to seal a pruning wound, they can do more harm than good.

Are there any reasons to fell trees which the council generally regard as invalid?

Yes, the following:

• The trees shed their leaves in autumn, which I have to clear up/ make my path slippery/ block my gutters.
• The trees produce seasonal debris i.e. acorns, beech nuts, sycamore wings.
• Children try to collect Horse chestnuts.
• Children are climbing the tree.
• The tree encourages aphids into my garden.
• The tree creates sticky residues.
• The tree is obstructing my view.
• The tree prevents me from receiving satellite television signals.
• The tree is causing shade or restricting light.
• The tree could or might damage my house. If there is proof that the tree is causing damage, then the situation is different:
  • Trees and structural damage
• The tree is lifting my drive (problems such as this may often be remedied by root pruning or relaying paving slabs).
• The tree is too tall or big.
• The tree might be blown over in high winds.

While the council will not generally look favourably on applications to fell trees for these reasons, it may be agreeable to some minor pruning to help alleviate some of the problems listed.

• Making a tree work application

More information:

• BS 3998:2010 - Tree Work Recommendations

Trees contacts

Tree Preservation Orders (TPOs), trees in conservation areas and tree work applications

Report trees causing an obstruction on pavements and footpaths, or obscuring street lighting

• Report Overhanging vegetation and/or weeds

Find out who owns trees

• Land ownership

Trees owned by the council