Most roadside trees that are not within private ownership are managed by the Kent County Council Highway Authority. If you have concerns about a street tree, would like to request works to one, or would like to plant a tree near a public road, please contact Kent County Council (KCC) via the KCC website.
Who is responsible for trees close to the road?
In most cases, the municipality or state retains authority and responsibility for the trees. Sometimes, the municipality legally transfers responsibility of street trees to the adjacent landowner.
Who is responsible for roadside trees UK?
Most hedges and trees overhanging public roads and footways are privately owned and the landowner must look after them.
Can I ask the council to cut back trees UK?
Property owners are broadly entitled to cut back any overhanging branches or encroaching roots from a neighbouring tree, up to the boundary of their property. If the tree is subject to a Tree Preservation Order or is in a Conservation Area any work must be formally approved by Planning.
Who is liable when a tree falls on a neighbor’s property?
A tree belongs to the legal owner of the property upon which the tree trunk originally grows. A fallen tree will still belong to the original owner of the tree, even if those trees have now fallen onto neighbouring land as highlighted in a case called Mills v Brooker (1919).
Whose responsibility is it to maintain trees?
The safety of trees is nearly always the responsibility of the owner of the land on which they grow; but there are some exceptions, such as when a rental agreement requires the tenants of a property to manage the trees.
Who is liable when a tree falls on a neighbor’s property UK?
It is the owner of the land on which a tree stands. They are responsible for the health and safety of those likely to be impacted by any issue with that tree, with liability potentially arising if the tree itself falls or if branches or debris fall from the tree.
Who is liable for damage caused by trees UK?
If a neighbour’s tree has caused damage to your property, they will be liable. For example, if branches fall or tree roots damage property foundations and you can prove this was a result of the tree, you can begin legal action.
Who is responsible for cutting back trees?
The person who owns the land (your neighbour) on which the tree grows i.e. where the base of the tree is, owns the tree and is responsible for it, but is not necessarily responsible for felling the tree or pruning branches that overhang their neighbours’ (your) property, even if these are seen to be causing a problem.
Are councils responsible for trees?
By law, a local council is required to manage and undertake work to any tree which constitutes a statutory nuisance and all councils will have a programme of inspection and tree maintenance works to not only protect local residents but to preserve and maintain a healthy tree population.
Will the council get rid of a tree?
Your local council is in control of all trees on public land as well as on private land. All trees are viewed as ‘the community’s trees’ rather than you having personal ownership. You can however get the council to remove a tree if it is causing issues for you and your property or you have noted it as being dangerous.
How much does it cost to cut a tree down UK?
The cost of tree felling will depend on the size, condition and placement of the tree, with typical price for a tree surgeon ranging between £400 – £3,000. If caught early, your tree may only need trimming or pruning. Costs for tree trimming range between £100 – £500 depending on size and placement.
Can I ask my Neighbour to cut his trees?
What legal position do I have? You cannot force your neighbour to remove overhanging branches or fallen leaves on your property. However if these cause excessive damage, you can sue them for the cost of repair.
Is Neighbour responsible if their tree roots damaged my driveway?
If the roots of a tree situated on a neighbour’s land have caused damage to your property, then the owner of the tree can be liable for the damage under the law of nuisance. Again, there is a process to go through to prove the cause of the damage, and the extent of that damage.
What is the law on Neighbours trees UK?
Your neighbour can cut any branches that are overhanging into their garden as long as they only remove the bits on their side of the boundary. If they want you to cut your tree or hedge just because they don’t like the way it looks, it’s up to you whether you do the work.
What are the rules about Neighbours trees?
Establishing Ownership of Trees
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.
What happens if a tree falls on your car during a storm UK?
If your car has been damaged by someone else’s property, for example, a roof tile or a fallen tree from their garden, you may be able to claim the cost of repairing or replacing your car against their policy or your own fully comprehensive cover.
What to do if a Neighbours tree is affecting you?
Dan De Frece
- Consider what type of tree work will solve the problem. Before speaking to your neighbour it is sometimes best to work out what type of pruning will solve the problem.
- Speak to your neighbour.
- Meet with a tree surgeon.
- Put your request in writing.
- Check the Right to Light Act 1959.
- Check the High Hedges Act.
Are fallen trees covered by home insurance UK?
Naturally falling branches or trees that damage your roof, windows or other aspects of your property are usually covered as standard by your home insurance.
Who pays for overhanging trees?
The responsibility for the tree and any damage it may cause is that of the tree-owner. If his tree damages your property then he is liable. Should the situation become a legal dispute then you may be covered for your legal costs.
Who is liable for tree root damage?
In short, the owner (or controller) of a tree whose roots can be shown to have encroached on neighbouring land and/or has drawn sub-soil moisture affecting property, is liable to the owner of that property for the resultant damage.