Trouble and Trees – Understanding Your Rights & Duties as a Landowner

Trees, they’re planted, they grow, they stand tall and sometimes they need to be cut back, coppiced or even felled. You might think this is a legally straightforward sort of concept; it’s not. 

Whether it’s roots creeping into a neighbour’s property or branches blocking sunlight, trees can become a source of dispute. Here is a guide to just some of the things you need to know about trees on your land.

Roots- hidden but powerful

Roots can burrow deep, breaking up the soil and ground as they go. While they help anchor the tree and absorb water, they can also:

• Disrupt underground utilities
• Cause soil shrinkage during dry periods
• Lead to subsidence, potentially damaging nearby buildings or even underground service media

In severe cases, this may require costly repairs like underpinning for adjoining properties. It’s important to monitor root growth, especially near property boundaries.

Overhanging branches- are they a nuisance? 

Branches that extend over a neighbour’s property can drop leaves, fruit, or sap. While this might not always count as a legal nuisance, problems can arise if:

• Gutters become blocked
• Damage is caused to property
• The tree poses a safety risk

Where a landowner has a tree which grows or by virtue of its tree’s existence causes loss, damage or nuisance to an adjoining landowner, then case law makes clear the liability of the landowner who’s tree it is. To what extent, if any, an award or order is made will depend on the fine particulars of that case, but does that mean troublesome trees should be lopped or felled? 

Should I prune or remove my tree?

If a tree poses a foreseeable risk, like contributing to subsidence, landowners are expected to take reasonable steps to prevent harm. This doesn’t mean removing all trees as this would be grossly excessive, but it does mean:

• Regular inspections
• Pruning where necessary
• Consulting professionals if unsure

Before taking action, you should also pause to consider whether the tree itself is protected. 

Is your tree protected?

Tree Preservation Orders (TPOs) make it a criminal offence to fell, lopp or prune a protected tree except “so far as may be necessary for the prevention or abatement of a nuisance” among other exceptions, for example where a tree is dangerous. Specialist advice should be sought before commencing works, especially emergency works, to make sure liability is not incurred or a criminal act committed! 

Just because a tree is not protected does not mean it can be cut down. If the tree is not on your land, this is not your tree and would constitute criminal damage, such was the case with the Sycamore Gap tree – causing public outrage. Also, if the tree is in a Conservation Area, then planning permission should also be sought. 

Whether you’re dealing with a troublesome tree, a boundary dispute, or just want to know your rights, our Residential Property team are here to help. Get in touch with me, Joshua Kingston, for clear, practical legal advice today.

‘Some guy planted this as something to do 40 years ago. Now, we have got Jack and the Beanstalk. It’s not a historic tree – it’s a silly mistake.’

https://www.telegraph.co.uk/news/2025/06/12/jack-and-the-beanstalk-tree/