What are the laws surrounding trees on my property?

 

Trees and the Law

When you’re looking to plant, fell, or prune trees on your property, there is often legislation determining what you may or may not do. This could leave you wondering, “what are the laws surrounding trees on my property?” Many neighbourly disputes are regarding the wrongful felling or pruning of trees, with homeowners unsure of the laws when it comes to maintaining your own garden when surrounding trees encroach on your space.

To ensure you are always within the law, and to avoid any neighbourly disputes, we’ve outlined the main laws surrounding trees on your property as a guide for when you need tree services.

Who owns the tree? Can I cut trees down on my property?

A tree belongs to whoever’s land it has originally grown from, even if branches or roots have begun to encroach on a neighbours property.

Theft Act 1968

The Theft Act makes it a criminal offence to pick fruit, flowers or even branches from a tree that is not on your property. Of course, many homeowners will not have to worry about measures being taken to this extreme, but if you cut down a neighbour’s branches or take fruit/flowers from their trees, they are legally entitled to ask you to return them.

Planning Permission

Many trees are protected by tree preservation orders, which is an order made by local planning authorities to protect specific trees. If a tree is protected by a preservation order you may not to the following:

  • Cutting down
  • Topping
  • Lopping
  • Uprooting
  • Wilful damage or destruction

To do any of the above, you must obtain the local planning authority’s consent.

However, planning permission is not normally required to plant a hedge in your garden, and there are no laws regarding the height of your hedge. If you do have hedges in your property boundaries, you are responsible for ensuring your hedge is not a nuisance to anyone else.

Building regulations

There are not normally any building regulations applied to trees or hedges, however, foundation can be affected by tree roots and moist soil, so these factors should be considered when it comes to building new structures or planting trees.

Overhanging branches and tree roots

You are able to cut the branches of a neighbour’s tree back to the boundary point between your properties provided the tree is not under a preservation order. However, under the Theft Act mentioned above, if the tree’s owner requests you return the branches or foliage, you are obliged to do so.

You are also allowed to dig up and remove any roots that have begun to grown onto your land – a tree surgeon can help ensure this job is done properly and safely.

The Rights of Light Act 1959

Under this act, if your property has received daylight for the last 20 years, you are entitled to continue receiving that light. Therefore, if your property’s trees begin to block your neighbour’s light, or vice versa, you are able to apply to the courts to have your daylight restored by the trees being pruned.

Here at Artemis Tree Services we provide a wide range of tree services to Hertfordshire and the surrounding areas. We’ll arrange a free site visit from our professional tree surgeons to carry out an assessment at a convenient time and date to discuss your requirements.
For more information or to book your site visit, simply get in touch with our team today and we’ll be happy to help you.

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Anonymous

From approval for the pruning to tidying up after they left, the team has been impeccably professional, pleasant and kind....

1 day ago

Anonymous

Excellent service. Punctual and extremely professional manner in which they carry out their work. Really happy with the work done . Would definitely use the company again.... Excellent service. Punctual and extremely professional manner in which they carry out their work. Really happy with the work done . Would definitely use the company again.

1 week ago

Terry

We have been using Artemis Tree Services for many years now and have just had our annual tree and shrub maintenance visit. Wonderful job as usual. The garden now looks great thanks to a very hard work... We have been using Artemis Tree Services for many years now and have just had our annual tree and shrub maintenance visit. Wonderful job as usual. The garden now looks great thanks to a very hard working and knowledgable team. Thanks again, see you next year.

1 week ago

Anonymous

Excellent service from start to finish. Clear quotes, no jargon, prompt responses to queries and arrived on time. A large tree was expertly removed and recycled. The very professional and pleasant tea... Excellent service from start to finish. Clear quotes, no jargon, prompt responses to queries and arrived on time. A large tree was expertly removed and recycled. The very professional and pleasant team even removed the leaves from the lawn. Thoroughly recommend! Very reasonable pricing also. No hidden extras.

3 weeks ago

David Lynn

The team arrived on time, carried out all the requested work and left our garden neat and tidy. The tree work was as planned , we are very pleased and would recommend the company with no hesitation.... The team arrived on time, carried out all the requested work and left our garden neat and tidy. The tree work was as planned , we are very pleased and would recommend the company with no hesitation.

1 month ago

Anonymous

Brilliant set up - prompt, efficient and cost friendly - professional and tidy working. Very pleased all round....

1 month ago

Anonymous

Artemis removed a tree and neatened a hedge. The work was very neat. In all my dealings with Artemis, they have always been very reliable and trustworthy, and I have recommended them to a neighbour.... Artemis removed a tree and neatened a hedge. The work was very neat. In all my dealings with Artemis, they have always been very reliable and trustworthy, and I have recommended them to a neighbour.

2 months ago

Vicki

Very professional, efficient and friendly service. The team did an excellent job of taking down an old tree, planting a new one and pruning three others. Everything was left very tidy.... Very professional, efficient and friendly service. The team did an excellent job of taking down an old tree, planting a new one and pruning three others. Everything was left very tidy.

3 months ago

Jill Lesley Sloley

The tree work was carried out by friendly operatives who arrived on time and worked efficiently and well. They took away all the debris and left me with a tidy garden. The office people I have spok... The tree work was carried out by friendly operatives who arrived on time and worked efficiently and well. They took away all the debris and left me with a tidy garden. The office people I have spoken to have also been friendly, helpful and efficient.

3 months ago

Maggie

This is the first occasion using Artemis and we found the service from start to finish prompt, professional and friendly. The interaction prior to the commencement of the work was really efficient, a... This is the first occasion using Artemis and we found the service from start to finish prompt, professional and friendly. The interaction prior to the commencement of the work was really efficient, and the team on the day were great and the work completed was to an exceptional standard, as was the clear up afterwards. A big thanks to Loise, Lewis, Mo and Marchin for your hard work on the day, and to Scott too who did the initial quotation. Well done boys and we are so pleased with the end result!

3 months ago

Anonymous

Survey completed quickly after our enquiry and clear and concise quote provided within a day. Great booking and pre-visit communication. The chaps that did the work were courteous and professional - k... Survey completed quickly after our enquiry and clear and concise quote provided within a day. Great booking and pre-visit communication. The chaps that did the work were courteous and professional - knew what they were doing and clearly communicated how the job was going and answered any questions we had during the work. They took their time to do the job well. Site left tidy with trees pruned and shaped as agreed. Artemis are expert and professional.

4 months ago

steve lynch

Artemis have undertaken two pieces of tree work for us in the last few weeks and on both occasions they did an absolutely great job. excellent value for money, I would thoroughly recommend them!... Artemis have undertaken two pieces of tree work for us in the last few weeks and on both occasions they did an absolutely great job. excellent value for money, I would thoroughly recommend them!

5 months ago

Anonymous

I would recommend this company to anyone. They were amazing from start to finish. They cleaned all the mess and took it away with them. Very happy, thank you again... I would recommend this company to anyone. They were amazing from start to finish. They cleaned all the mess and took it away with them. Very happy, thank you again

5 months ago

Ken And Joan Richardson

As usual our Magnolia tree was cut to perfection .The teamleft our property clean and tidy ,We have used Artemis tree Services for about 15 years and would not want to have anyone else to do the work ... As usual our Magnolia tree was cut to perfection .The teamleft our property clean and tidy ,We have used Artemis tree Services for about 15 years and would not want to have anyone else to do the work A big Thank you to the team ,

5 months ago

Michael Quy

A prompt professional team. I have used Artemis before and recommend them highly....

6 months ago

Gordon Trievnor

Another first class job completed by this exceptional Contractor. From initial site inspection to quotation and actual works, plus an amazing clear up after, it is always a real pleasure to use Arte... Another first class job completed by this exceptional Contractor. From initial site inspection to quotation and actual works, plus an amazing clear up after, it is always a real pleasure to use Artemis. Highly recommended.

6 months ago

Keith

Very efficient customer service. Did the job when they said they would. Met all our expectations. Would recommend....

7 months ago

Francis Xavier Emmanuel

This was the third occasion that we used the services of Artemis Tree Services. We were completely satisfied with their service at every stage of their work. Perhaps what pleased us most was to see th... This was the third occasion that we used the services of Artemis Tree Services. We were completely satisfied with their service at every stage of their work. Perhaps what pleased us most was to see the two young lads genuinely enjoying their work! 57 Bow Lane, Finchley, N12 0JL.

7 months ago

Enthusiastic of Eastcote

My wife and I were pleased to welcome Charlie and Ben, to tackle our overgrown Laurel. They telephoned ahead to advise their time of arrival and, once on site, got down to work in a professional and i... My wife and I were pleased to welcome Charlie and Ben, to tackle our overgrown Laurel. They telephoned ahead to advise their time of arrival and, once on site, got down to work in a professional and industrious manner. These young men were friendly and helpful, completing the job to our exact requirements, and tidying up thoroughly afterwards. In addition, they approached their work in full compliance with health and safety regulations. All in all, they were splendid ambassadors for their company!

8 months ago

Mrs S. Beattie

This is the 3rd time I have used this Company. All the staff are professional, friendly and helpful offering high quality service from the moment you contact them to completion of the job and the pri... This is the 3rd time I have used this Company. All the staff are professional, friendly and helpful offering high quality service from the moment you contact them to completion of the job and the price is fair. I wouldn't use anyone else.

8 months ago

Anonymous

We have used Artemis for tree and hedge works several times and would thoroughly recommend them. They give an all round professional service; communication is great, quotes detailed and work fairly pr... We have used Artemis for tree and hedge works several times and would thoroughly recommend them. They give an all round professional service; communication is great, quotes detailed and work fairly priced. If you are looking for trustworthy and reliable tree services look no further!

8 months ago