Trees: What Every Landlord Needs to Know
Published on June 5, 2017 by Sarah Mac
Trees are an attractive landscaping element and new or refurbished properties are often complemented by new planting of saplings, shrubs and privacy hedging which usually seems like a good idea at the time.
However, trees of course do have the habit of growing, and if there has been a lack of thought ploughed in to selecting species that won’t quickly outgrow their space and start to cause issues with sprawling, thirsty roots and overhanging canopies that do nothing for neighbourly relations then problems are likely to arise.
Overgrown trees can cause problems ranging from blocked satellite signals through to a complaint under the Anti-Social Behaviour Act 2003.
Certain species of trees are more of a problem than others. The Leyland cypress, or Leyland cypress (leylandii) for example, is a prolific growing tree that is subject to a great deal of disputes, so much so that legislation has been introduced to make it easier for people affected by the nuisance caused by such trees to seek redress without having to resort to costly litigation under the Anti-Social Behaviour Act 2003: Part 8.
It is very important for landlords to be aware of the laws surrounding trees and mindful of the potential disputes and problems that can arise concerning both trees on own land or that of neighbouring property. Here we answer some of the most commonly asked questions.
What’s the Law on Tree Ownership?
If there is a tree or shrub growing on your land then it is your property, even if its branches hang over or its roots grow across the boundary into another property.
If leaves, fruit or dead branches fall onto the grounds of a neighbouring property, then the owner of the tree in question is not required by law to clear the debris. However, if the leaves, fruit or dead branches are causing a hazard that could lead to personal injury, property damage, or water damage courtesy of a blocked drain or gutter, then the owner of the tree could in theory be sued for damages. It is therefore good practice for tree owners to maintain their trees and to offer to clear up any debris from neighbouring land, whether that is private or public land.
Can I Trim Back Branches that are Overhanging my Garden?
If there is a tree growing on neighbouring land and its branches are overhanging your garden then you are within your rights to trim them back to the boundary, but no further. Overhanging branches are considered trespass.
Whilst there is no legal requirement to do so, you should in the name of good neighbourly relations ask before going ahead and you should also ask whether they want the branches back. Contrary to popular belief, it is not a legal responsibility to return branches or fruits to the owner of the tree unless they stipulate that they actually want them. If they don’t, then it is down to you to pay for their removal and you certainly shouldn’t just throw branches over into a neighbour’s garden as you could risk damaging their property which could lead to them taking action against you.
All this should be borne in mind when setting down rules for your tenants of course so that they are clear about what is permissible in order to not breach the law or spoil neighbour relations.
What Should I do About a Neighbour’s Tree Roots Encroaching my Land?
As with branches, any roots of a tree from a neighbouring property that encroach upon your land are considered trespass. You are within your rights to cut the roots along your boundary without permission from your neighbour.
Tree roots are well known for causing damage in numerous ways, in particular the roots of sycamore, oak, poplar, plane and willow tree. Some of the damage can be quite serious and in the worst case scenario you can expect subsidence and heave which can have a devastating effect on a property.
If you are concerned that the roots of neighbouring tree are affecting your property then you can ask a surveyor to monitor whether there is any movement. If on the other hand the tree is on your land and you are worried that it will prove an issue for property neighbouring yours, or indeed your own property, then you may wish to bring in your own surveyor and / or a tree expert who will be able to advise you on the extent of any problem. Bear in mind that the roots of a tree can grow to up to three times its height.
Where trees on neighbouring land are causing you an issue and that land is public land then the local council will need to become involved. If you suspect subsidence then you should get in touch with your buildings insurer and ask them to send a surveyor to undertake an inspection. If they confirm that subsidence is present and that it has been caused by the roots of public owned trees then you will need to approach the local council with the surveyor’s report.
What About the Roots of MY Trees?
If you have large trees on your land that could potentially be causing issues to your property or that of a neighbour, particularly if they are on clay soil, then you should realise that the responsibility for any damage caused will be yours, even if the trees were planted well before you acquired the property and even if the damage dates back to before your ownership period.
I Assume I am Allowed to Cut Down or Prune a Tree on my Land Without Permission?
Some trees are subject to a Tree Preservation Order (TPO). These are imposed by the local authority and prevent the tree in question from being felled, topped or lopped. You may have received written notice from the local authority as to a TPO being placed on a tree on your land, but on the other hand the TPO may have been imposed prior to your ownership. Hopefully it will have been brought to your attention during your purchase, however this does not always happen.
You should be aware that if you cut down or undertake any form of tree work on a protected tree without first obtaining permission from the local authority, even where the tree is dead or dying, then this will be classed as an offence for which a fine will be levied and an order to plant a replacement tree if the original tree was destroyed.
In Summary
As a landlord you should make yourself aware of legislation surrounding trees so that you do not fall foul of the law or upset neighbourly relations, or both. It is vital to communicate all of this information to your tenants so that they do not inadvertently cause issues for you because, at the end of the day, as the landlord the responsibility lies with you.