A tree belongs to the person who owns the land on which it grows. However, if you’re the owner/occupier of land over which the branches of a tree overhang, you are generally entitled to chop back the branches to the boundary line. You don’t need to get the owner of the tree’s permission before removing overhanging branches, although if you do intend to do this, it’s a good idea to inform the owner before doing so – they’re less likely to complain about your actions if you discuss the matter with them beforehand.
If you do intend to remove overhanging branches, however, there are certain matters you should bear in mind.
- If you remove branches beyond the boundary line without your neighbour’s permission, you will commit a trespass and a claim for trespass could be pursued against you through the courts.If you’re in any doubt as to where exactly the boundary lies you should, therefore, obtain legal advice.
- If by removing overhanging branches you damage the tree, the tree’s owner could bring a claim against you for trespass or damages. If you intend to remove a substantial part of a tree, employ a tree surgeon or arborist to carry out the work for you. Normally they will be insured against any such damage, AS ARE LWTREECARE LTD
- If your actions result in the tree damaging property or injuring someone, the property owner or the injured person may claim damages from you.This is another good reason, if you intend to remove a substantial part of a tree, for employing a tree surgeon or arborist to carry out the work for you. Employ LWTREECARE LTD, we are insured for this.
- If the tree in question is the subject of a tree preservation order or in a conservation area, you may need to obtain permission from your local planning authority before carrying out work on it. Check with LWTREECARE LTD
