Trees and the Law: What You Need to Know as a Property Owner

Trees add beauty, shade, and value to properties, but they can also be a source of legal disputes. Whether you're a homeowner, tenant, or business owner, understanding tree laws in the UK is essential. From tree preservation orders to overhanging branches, this guide explains your rights and responsibilities.

Tree Preservation Orders (TPOs) – What They Mean

A Tree Preservation Order (TPO) is a legal protection issued by local councils to prevent unauthorized cutting, trimming, or removal of certain trees.
Key Points About TPOs:A TPO protects individual trees, groups of trees, or woodlands
You must get permission from the council before cutting or pruning a protected tree
Violating a TPO can result in fines up to £20,000 or legal action
Check if a tree has a TPO: Contact your local council or check their online database.

Cutting Down a Tree – Do You Need Permission?

 If a tree is on your private land, you generally don’t need permission unless:

• The tree is covered by a TPO
• It’s within a Conservation Area (you must give the council 6 weeks' notice)
• The tree is part of a hedgerow (Hedgerow Regulations may apply)

 Illegal tree removal can lead to hefty fines, so always check first!

Overhanging Branches & Neighbour Disputes

If a neighbour's tree branches hang over your property, you have the right to trim them up to the boundary line—but with conditions:
You must not harm the tree or cause it to become unstable
Any trimmed branches belong to your neighbor and should be returned
If the tree is protected by a TPO or is in a conservation area, you still need council approval before cutting
Tip: Speak to your neighbour first to avoid disputes

Responsibility for Fallen Trees & Damage

If a tree falls onto your property, who is responsible?
If it was healthy: The owner is not liable for damage
If it was neglected/dangerous: The owner may be responsible for repairs
If it falls on a public road: Report it to the local council or highways authority
Tip: Regular tree inspections can prevent legal issues and property damage.

Protected Trees & Wildlife Laws

Some trees are protected due to nesting birds or bats
Under the Wildlife and Countryside Act 1981, disturbing a tree with active nests or roosting bats is illegal
Fines for disturbing wildlife can be up to £5,000 per offense
Tip: Always check for wildlife before tree work, especially between March and August.

Conclusion: Know Your Rights & Responsibilities

Understanding tree laws can prevent disputes, fines, and legal trouble. Before carrying out any tree work, check:
TPO or Conservation Area status
Wildlife protection laws
Your rights regarding neighbor’s trees
Need expert tree care advice? Contact JHE Tree Services for professional guidance and safe tree management.