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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Michael Quy

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

1 day 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.

2 weeks ago

Keith

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

1 month 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.

1 month 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!

2 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.

2 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!

2 months ago

Derek Welch, Chalfont St Peter

Very professional, work hard, friendly and cooperative. Very highly recommended - they know what they are doing!...

2 months ago

Peter

Always friendly helpful staff, very knowledgable, prune/trim trees very well leaving a good shape and tidy up afterwards....

3 months ago

M Pearce

Polite, efficient, helpful - highly reccomended...

4 months ago

Brian (Pinner)

Artemis recently did some work for us and we were very impressed both with the quality of the work and the communication and value for money. I would recommend them.... Artemis recently did some work for us and we were very impressed both with the quality of the work and the communication and value for money. I would recommend them.

4 months ago

Michelle Hyer

Excellent service, tidy, efficient, on-time and someone at the end of the phone for queries! I would highly recemmend x...

5 months ago

Barbara M Grant, Rickmansworth, Hertfordshire

Artemis Tree Services Limited is a professional tree surgeon and is highly recommended. The marketplace is peppered with charlatans purporting to be qualified in this specialist area but Artemis con... Artemis Tree Services Limited is a professional tree surgeon and is highly recommended. The marketplace is peppered with charlatans purporting to be qualified in this specialist area but Artemis continues to uphold and deliver the professional status of this important skill. They offer a a high quality service from the very first contact through to delivery of a clean and crafted conclusion. I have no hesitation in recommending their outstanding service. Many thanks to all involved.

6 months ago

Blake Lewis

The contractors that came to prune my tree were very efficient, polite and effective and I would have no hesitation in recommending Artemis to anyone.... The contractors that came to prune my tree were very efficient, polite and effective and I would have no hesitation in recommending Artemis to anyone.

6 months ago

Jo

Just to say thank you for carrying out the work so professionally. The team were efficient, they took great care to ensure nothing got damaged, they were very friendly and informative and left the ar... Just to say thank you for carrying out the work so professionally. The team were efficient, they took great care to ensure nothing got damaged, they were very friendly and informative and left the area tidy. Work carried out: Removal of deadwood

8 months ago

Savas Sivetidis

Good service all round, polite and efficient....

9 months ago

Declan McManus

Efficient, tidy and courteous service - I have used Artemis on a number of occasions and cannot think of any reason to change....

10 months ago

Gaby

Excellent service with polite considerate operators...

10 months ago

Anonymous

very professional, knowledgeable company. where able to provide advice and options as to needed to be done. Clean, tidy and polite...

10 months ago

John

Very professional We have used them a few times and would not go anywhere else...

10 months ago

Francis Emmanuel

This was the second time we used the services of Artemis Tree Services. This time it was to fell and remove a mature sycamore. The team were excellent throughout - from initial enquiries, advice with ... This was the second time we used the services of Artemis Tree Services. This time it was to fell and remove a mature sycamore. The team were excellent throughout - from initial enquiries, advice with what was suitable, scheduling of the work, the tree work itself, the disposal of the felled tree and invoicing. Very pleasant, smart, tidy and courteous.

10 months ago