Can I cut down a tree on my own land?

Posted on by | Tagged: , ,

Can I cut down a tree on my own land?

The presence of Tree Preservation Orders (TPOs) has led to some confusion about whether or not homeowners are entitled or not to cut down any tree on their property.

The reality is you are permitted to prune or cut down any tree on your land, regardless of whether it is healthy or not, if it is not subject to a Tree Preservation Order or located with a conservation area.

TPOs are used by local authorities to protect those trees which are regarded as beneficial to the local environment and in these circumstances permission must always be sought to carry out any pruning or removal work. Contrary to popular belief, there is not a blanket protection of all Oak trees. Orders are made depending on the location of the tree and its immediate surroundings and can relate to any species of tree. http://www.planningni.gov.uk/8pp_tree_preservation_order_lores.pdf

TPOs can apply to trees which are on private as well as public land so it’s important to check with your local council before going to ahead with any work. The penalties of ignoring an order are severe with fines of up to £20,000.

If you choose to employ a professional tree surgeon for the task, they will liaise with the council on your behalf to check whether a tree is subject to a TPO before commencing removal works. If the tree turns out to be under a TPO, you can still apply to the council for permission to prune or remove it which may or may not be granted.

There are a number of reasons why you may wish to cut down a tree on your property including the risks it poses to your property or other people or because of the damage it is causing to the foundations. Disputes can also arise between neighbours which may cause you to consider removal, especially in cases where claims of subsidence are made.

An insurer protecting the interests of a neighbouring property can write to you to request removal of a tree suspected of causing such damage but you are under no obligation to comply. As the tree owner, you are entirely justified in seeking evidence through surveys and structural reports that your tree is causing damage before committing to removing it. However, if you ignore the warning, and the tree subsequently causes damage to the building which is proven, then you or your insurer could be liable for the repair bill.

If your property is affected by a tree owned by the local council, then you can write and request pruning or removal however most local authorities will only fell trees where it poses a danger to buildings and people. Removal will not be considered in situations whereby aphid infestation is causing sticky patches on your car or roosting birds are causing a mess on your windows.

Councils welcome feedback relating to the condition of their trees and many offer an online service to report this.

Can I cut trees overhanging my garden?

Posted on by | Tagged: , , , ,

Can I cut trees overhanging my garden?

Trees and hedging are responsible for a huge number of neighbourly disputes in the UK. Every year, tree surgery businesses receive numerous enquiries from customers seeking clarity over the law relating to overhanging trees and whether it is or isn’t legal to cut down trees encroaching on to their land.

There is a common law right which allows a homeowner or any expert they employ such as a tree surgeon or gardener to prune hedging, trees or shrubs which line/overhang their boundary for the purpose of keeping their own land in order. However, restrictions apply and there are a number of responsibilities that must be accepted by individuals carrying out the pruning.

Whether you decide to tackle the pruning yourself or hire a tree surgeon to perform the job, any cuttings collected during the job such as fruit or firewood must be offered to the tree owner initially. If this is declined, then it is the responsibility of the person carrying out the pruning to dispose of the garden waste in the correct manner.

The common law right to prune an overhanging tree is only applicable if the work is carried out on the side of the fence in which the tree overhands. The law of trespass continues to apply in this situation and while you are not obliged to seek the tree owner’s permission for pruning work to take place, you must always remain within your boundary. Unless specific permission is given by the landowner to prune a wider area of the tree, then cutting may only take place on the neighbour’s land.

It is always sensible to hire a professional tree surgeon to carry out any work from height or in any situation in which injury or damage could occur to people or property. Tackling pruning work to a tree which overhangs your property could be dangerous and if anything was to go wrong, the liabilities lie with the person who carried out the cutting. Tree surgeons are not only highly trained to carry out such work safely they are also adequately insured against injury/damage caused as a result of their work. Homeowners who tackle the job themselves leave themselves at risk of future negligence claims if their inadequate work permanently damages the tree, making it dangerous.

Homeowners who wish to prune a tree overhanging their boundary should always check with their local authority whether the tree carries a Tree Preservation Order or falls within a Conservation Area before beginning any work. Trees with TPOs require special permission before any pruning can take place and this is provided by the local authority.

If the tree overhanging your property is owned by your local council then you are entitled to make a request that the overhanging branches are pruned back. A tree officer will respond to your request and will notify you of any planned work.

Why should I use a tree surgeon?

Posted on by | Tagged: , , , ,

All homeowners are responsible for ensuring any trees lying within the boundaries of their property are safe and unlikely to cause injury to people or property. Hiring the services of a tree surgeon to tackle any felling or to assess the health of your tree not only protects your family and those who visit or pass-by your property from injury, it will also protect your liability. This means that if you’ve made every effort to make a tree safe and have used an experienced and qualified tree surgeon, then you should not be held responsible financially for any accidents or injuries or damage to public highways, all of which could run into millions of pounds.

One of the most important questions homeowners need to ask themselves when considering which tree surgeon to hire is whether the tree surgeon is insured. Tree surgery businesses or self-employed tree surgeons should be insured for £5million which is the accepted level of liability in the industry.

As a customer you should always ask to see a copy of their current certificates for public liability (covering personal and property damage) and employers’ liability (in the case of a business with multiple tree surgeon contractors). Failure to make adequate checks on a tree surgeon’s insurance status will see you held personally liable for any damage or injuries which happen while they are at work on your tree.

Tree surgery is extremely dangerous due to the heights involved and the machinery used. This is another reason why homeowners with little or no experience should leave it to the experts. Professional tree surgeons will adhere to strict regulations relating to health and safety to protect themselves and those around them. While on the job, they will use warning signs and cones to maximise safety and will liaise with the local authority when disruption is likely to be caused to passing traffic, in some cases arranging for temporary traffic lights or other measures. Tree surgeons often have formal training in first aid at work in the event of an accident or injury.

Aside from health and safety, hiring a tree surgeon is the best option for the health of your trees. Poor tree care including overzealous pruning can have dire consequences to long-term tree health and it’s better to invest in experience and knowledgeable TLC. Tree surgeons should have various tree surgery qualifications depending on the focus of their work. The most commonly-held industry qualifications are the National Proficiency Test Council certificates of competence which cover a range of specialisms from chainsaw operations and tree climbing to aerial rescue. Tree surgeons may also belong to official trade bodies which provide a quality assurance.

A tree surgeon understands the restrictions relating to Tree Preservation Orders (TPO) and will liaise with local authorities to take any additional stress or confusion away and acquire any permission on your behalf. If you’re planning to fell a protected tree without hiring a tree surgeon and fail to gain consent then you could be liable for prosecution.

How much will it cost to cut down my tree?

Posted on by | Tagged: , ,

Whether you’re planning on landscaping the garden or have a dead and dangerous tree on your hands, it’s always better to seek professional advice when it comes to tree felling. Not only is tree removal a hazardous task there are also restrictions which could leave you on the wrong side of the law if ignored.

Some trees are covered by Tree Preservation Orders, particularly those in protected woodlands. Such an order prevents any part of the tree from being tampered with or felled unless official permission is granted from the local authority. Those who ignore a Tree Preservation Order face a fine up to £20,000.

It can be tempting to fell a tree on a DIY basis but homeowners should be aware that it can be incredibly difficult to fully remove a tree and its stump if you’ve no prior experience. It can also be expensive hiring the necessary equipment needed to bring down the tree and will involve considerable time chopping up the trunk and disposing of the wood in the

Like any service, tree removal costs depend on the complexity and size of the job and it is best to invite a tree surgeon to your home so they can provide a realistic quotation based on the hours likely to be spent on the task. It is impossible to provide a realistic quotation over the phone as a tree surgeon will need to assess access (a tree in a front garden will be easier to tackle than a tree in a back garden with no side access) and also how local the job is.

Removing a small tree (up to about 30 feet high) in an isolated area away from property and other obstacles such as water pipes and electricity cables can cost from £120inc. It can be more expensive if a small tree is located in a confined space as a tree surgeon will need to remove some branches first before the trunk can be felled. The job will involve a greater degree of caution and care and as such will be more time-consuming.

A larger tree reaching beyond 60ft in height will require greater planning, possibly more workers and more equipment and the cost will reflect the additional work. Prices for larger trees which are isolated and not close to properties or utilities can range from £450inc, however a more realistic price is £660inc (which represents a day’s work for a team of three). At the upper end, you could pay £3,000. Again, it is important to invite the tree surgeon to your property to fully assess the tree and its surroundings so that an accurate removal quotation can be given. Dangerous trees which overhang roads or highways will require traffic control measures and possibly road closures and it is your responsibility to gain the necessary consent of the local authority as any damage to roads or pavements caused during the felling will be your responsibility. In some cases, the homeowner will be left with the cost of implementing measures such as temporary traffic lights and road diversions. It is crucial to hire a reputable tree surgery firm for such a task as they will be able to handle all correspondence with the local authority and will also hold the necessary indemnity insurance to protect their work.

Stump grinding can involve an additional fee and homeowners should bear in mind some tree surgery businesses charge extra for disposing the wood. At Prince Tree Surgery, all our prices are inclusive of disposal and customers can be reassured that all wood is recycled via our log business.

Who is responsible for clearing a fallen tree?

Posted on by | Tagged: , , , , , , , , , , , ,

There are many reasons why a tree may fall. An old, diseased or dead tree may have been leaning for many years before finally falling or an ‘act of God’ such as strong winds or a bolt of lightning may cause a perfectly healthy tree to fall without warning.

Whatever the reason, a fallen tree is not only unsightly, but if in the wrong place and causing an obstruction, can be potentially dangerous. Even in the relative safety of your back garden, it can become harmful as it decays; therefore it is imperative that it is removed as quickly as possible.

But who is responsible for clearing a fallen tree? It can depend on a number of factors: ownership, location and reason for falling.

Ownership

A major part in determining who is responsible for removing a tree is dependent on who it belongs to. Most land, and the trees growing on it, will belong to a person, company or authority, such as a council.

Once ownership has been ascertained, they can be held responsible for either removing the tree themselves, or paying a company such as Prince Tree Surgery to clear it on their behalf, particularly if another party is able to prove negligence on the owner’s part.

Location

It’s pretty black and white when it comes to owning a tree that has fallen in your property – you are completely responsible for its removal and the associated costs.

However, if you own the tree but it falls on your neighbour’s land, you and your neighbour will be required to come up with an agreement on how the tree removal should be carried out. If any negligence on your part caused the tree to fall, you will be liable for any costs incurred.

Please note that you must seek permission from your neighbour to clear it; you can’t simply walk into their garden to clear up any damage. This is also true when it comes to dealing with public areas, and in certain circumstances, specialists may have to remove the tree immediately (it may be blocking a road), in which case, the local authority would probably take responsibility for its safe removal and then present you with an invoice.

Act of God

There are certain events such as lightning striking or gale force winds that may cause a tree to fall – these are called ‘acts of God’. In these circumstances, no-one is held responsible, although if you are the owner of the tree and it has fallen into a neighbour’s property, it would be good manners to offer to help remove it from their land.

However, if you have knowingly left a rotting or damaged tree in your garden and it falls, causing damage to another person or authority’s property, you will be considered negligent for not removing the tree despite the obvious risk.

Ultimately, whether you are the owner or not, if a tree had fallen on your land, you will most likely be responsible for its removal, even if someone else is responsible for the costs. At the very least you will have to agree a time when someone can visit your home and remove the tree and any debris. You may have to pay for the removal yourself and then pass the bill on to the person financially responsible, or in some cases, take the person you believe liable to court to recover your costs.

A tree is overhanging into my property from my neighbour’s garden. How do I get it cut back?

Posted on by | Tagged: , , , , , ,

We are often asked about “problem” trees on other people’s property and how to deal with them.

Any owner of land (that’s everyone with a garden basically), is responsible for the trees on it, their condition and any damage they may cause. With this in mind, you should make every effort to contact your neighbour, asking them to deal with the problem. However, BEWARE; they are not legally obliged to do so. Our top tip for getting the outcome you want is to be polite and explain your issues to in a friendly manner.

If they refuse to do anything, you are legally entitled to prune it yourself but you can only prune back as far as your boundary. Pruning beyond the boundary or crossing the boundary to carry out pruning is considered trespass.

The vegetation you prune off is still technically the tree owner’s property and you have to offer it back to them, although they do not have to accept it. In the event that the tree owner does not want the vegetation, you would be responsible for its disposal. You are not allowed to simply put the tree material back over the boundary fence into their garden.

Before any work is undertaken, check there is not a Tree Preservation Order on the tree and that it is not in a Conservation Area
We should all regularly inspect trees on our land looking for areas of potential weakness, so that specialist advice may be sought from a tree expert. Remedial work can then be undertaken to reduce any overhanging or dangerous trees.

So if you are worried about any of these issues – give us a call and we will be happy to help on 01277 229709