Rights of way and public services
Local authorities can cut back or fell trees and shrubs which obscure public rights of way, including footpaths, which obstruct light from street lamps or the sightlines of car drivers. Railway, land drainage, electricity and telephone authorities can require removal of trees or parts of trees which may cause an obstruction. Electricity authorities pay a continual annual compensation for loss of the use of ground. BT does it own lopping, and pays no rent for land occupied by its poles or for wayleaves. Similar powers are available to other public service providers.
Any woodland management work or tree planting in the vicinity of overhead power lines and underground services may require the prior permission of the appropriate authority.
Unsafe trees
The owner of a tree will not be held responsible in law for damage caused by it falling or losing branches if the failure of the tree could not reasonably have been foreseen or prevented. However, if the tree had obvious signs of disease or weakness, the owner might be sued for any damage caused. It is therefore very important that trees under which the public have access are regularly inspected to check on their condition.
Boundaries
Trees on boundaries are often the cause of dispute. In the case of trees which overhang from another property, it’s advisable to contact the owner and if possible come to an agreement about any work needed. An owner may claim compensation if a neighbour damages or kills a tree by cutting overhanging branches. If the branches or roots of an overhanging tree are interfering with the fabric of a building, the insurers of the building should be contacted for advice before any action is taken.
Before taking any action about overhanging trees, you should check that the tree is not protected by a Tree Preservation Order, planning conditions, or is in a Conservation Area. It is the responsibility of the person intending to do the work to check with the local planning authority, regardless of who owns the tree or if ownership is not known.
- Property deeds may or may not contain details of ownership of trees along a boundary. Where trees are in hedgerows with a bank and ditch, the boundary normally follows the edge of the ditch away from the bank.
- The owner or tenant of any land is entitled to cut off branches which overhang or roots which penetrate from adjoining property, as long as he does it on his side of the boundary. The boundary is presumed to run vertically up and down from the line at ground level. Expenses cannot be claimed from the owner.
- All cut material remains the property of the tree owner, and the neighbour who cuts off branches cannot utilise them in any way. They can be placed on the owner’s land, but the owner does not have to accept them. It is best to try to discuss with the owner if they want them back.
- The neighbour must exercise every care to do no injury to the overhanging trees when cutting overhanging branches or penetrating roots.
- A neighbour has no legal right to any fruit on overhanging branches. If he can show that he has enjoyed the privilege of picking overhanging fruit, based on the present or previous owner’s consent, the owner cannot withdraw the privilege.
- The owner of the fruit may, with his neighbour’s permission, enter the neighbour’s land to pick any fruit from overhanging branches, or pick up fruit which has fallen from these branches. If he is refused permission, and his neighbour refuses to deliver to him any fallen fruit, then the owner is justified in entering without permission. But he must not use force, nor must he do any damage, even to the extent of trampling on dug soil, or he can be sued for trespass.
Fly-tipping
Fly-tipping or the unauthorised dumping of waste is a problem in many woods, especially near urban areas. Fly-tipping includes the dumping of fridges, furniture and other material, normally from a vehicle at a pull-in or car park, and the regular tipping of garden waste and other material, normally at boundaries with gardens. In both cases the law is difficult to enforce because the person has to be caught in the action of tipping the waste. Where fly-tipping involves the use of a vehicle, the driver can be prosecuted and police have powers to seize the vehicle. Some waste may be hazardous, and should not be handled. For further advice contact the Environment Agency or your local council. If you witness a fly-tipping incident, it should be reported to the appropriate local council which can be found via www.gov.uk/report-flytipping
