Trees are one of the most valuable features of any landscape. They provide shade, beauty, privacy, and environmental benefit but they also come with responsibilities. As a tree surgeon, one of the most common questions we hear is: “Who is actually responsible for this tree?”
Understanding your legal responsibilities helps you avoid disputes, prevent damage, and keep your property safe. Here’s a straightforward guide to help you know where you stand.
Landowner Responsibility
In most cases, the person who owns the land the tree is growing on is responsible for it. That includes:
- Routine maintenance
- Managing disease or decay
- Ensuring the tree does not pose a danger
- Dealing with fallen branches or debris
If the trunk sits entirely within your boundary, the tree is legally yours.
What If the Tree Sits on a Boundary Line?
When a tree’s trunk grows directly on the boundary, it is considered jointly owned. This means:
- Both parties share responsibility
- Any major work should be agreed upon
- Neither neighbour can remove the tree without consent
Joint ownership can be tricky, so clear communication is essential.
Overhanging Branches and Encroaching Roots
If a neighbour’s tree grows over your boundary, you have the right to cut back branches or roots—but only up to the boundary line.
Important points:
- You must not trespass onto their land
- The cuttings legally belong to the tree owner
- You cannot damage or destabilise the tree
If you’re unsure, a qualified tree surgeon can assess the situation safely.
What Happens If a Tree Causes Damage?
Liability depends on whether the tree owner acted responsibly.
- If a healthy tree falls during a storm, it’s usually considered an act of nature, and the owner may not be liable.
- If the tree was clearly diseased, dead, or dangerous and the owner ignored it, they can be held responsible for resulting damage.
Regular inspections by a professional are the best way to protect yourself.
Protected Trees: TPOs and Conservation Areas
Some trees are legally protected by:
- Tree Preservation Orders (TPOs)
- Conservation area regulations
If a tree is protected:
- You must apply for permission before carrying out work
- Heavy fines can apply for unauthorised pruning or removal
A tree surgeon can check the status of your tree and handle applications on your behalf.
Landlords and Tenants: Who Is Responsible?
Responsibility usually depends on the tenancy agreement, but in general:
- Landlords are responsible for structural and safety issues
- Tenants may be responsible for basic garden maintenance
If a tree becomes dangerous, the landlord must act promptly.
When to Call a Professional Tree Surgeon
You should seek expert help if:
- A tree looks diseased or unstable
- Branches are overhanging buildings or roads
- Roots are affecting drains, walls, or foundations
- You’re unsure about legal boundaries or responsibilities
- The tree is protected by a TPO or conservation rules
Professional assessment ensures safety, compliance, and peace of mind.
Need Advice About a Tree on Your Property?
If you’re unsure who is responsible for a tree—or you need expert help managing it—we’re here to assist. We offer inspections, maintenance, emergency call‑outs, and guidance on legal requirements.
Just get in touch and we’ll help you make the right decision for your property and your trees.