Protected Trees
Trees and your property
A tree normally belongs to the owner of the land on which it is growing, regardless of how it got there. If the tree is on or near a boundary it is the position of the centre of the trunk that determines ownership.
Common Law in brief:
- You are responsible for any tree on your property and for looking after it.
- If parts of your tree break or fall, damage property or injure people,
you could be liable for the cost of repairs and may have to pay compensation.
- If a tree on neighbouring land overhangs your property you have a right to cut back
the branches to the boundary. However, you have no right to enter the property to
carry out the work, no right to cut beyond the legal boundary and no right to reduce
the height of the tree concerned.
- You should always approach the tree owner first to discuss the situation and try to reach an agreement regarding any pruning requirements that will suit both parties. It is important to gain permission from the landowner before taking matters into your own hands. If this fails then seek professional legal advice before going any further.
These notes are a reasonable summary of some of the legislation affecting trees and hedges; the information given is brief and therefore limited in extent. This information is offered for guidance purposes only and the Council disclaims any responsibility arising from its use. For more detailed information relating to common law rights and other legal matters legal advice should be sought from a solicitor.
The Council has prepared a list of Frequently Asked Questions (FAQs) regarding trees and your property that you may find helpful.
My neighbour's trees encroach across my boundary, can I cut them back?
My neighbour's trees are blocking my light, what can I do?
My neighbour's have a high hedge, what can I do about it?
The tree roots are blocking my drains, what can I do?
A tree is lifting paving slabs/ affecting my drive - can I cut the roots of a protected tree?
Are there any controls on the type of tree I can plant in my garden?
If you would like any further information please contact the Arborist within the Department of Planning and Transportation on Tel: 01329 236100 or e-mail conservation@fareham.gov.uk.
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