In the UK, landowners have specific legal responsibilities regarding trees on their property. These responsibilities are influenced by common law, statutory obligations, and local planning regulations.

Under the Occupiers’ Liability Acts 1957 and 1984, landowners have a duty to ensure that their property, including trees, does not pose a foreseeable risk of harm to others. This applies to:

• Visitors (lawful entrants) under the 1957 Act.
• Trespassers under the 1984 Act (although the duty is more limited).

Regular inspections and maintenance are expected to identify and mitigate risks, such as dead or unstable trees.

• Property damage: If a tree or its branches fall and damage a neighbour’s property, the landowner could be liable if negligence can be shown.
• Roots causing damage: Tree roots can cause structural damage to buildings, pavements, or underground utilities. Affected neighbours may claim for nuisance if the landowner fails to address the problem.

• Landowners are responsible for trees near public highways. Under the Highways Act 1980, local authorities can require a landowner to address trees or branches that overhang roads or obstruct visibility or signage.
• Trees posing a hazard to the public can result in enforcement action by the council.

Failure to uphold these responsibilities can lead to legal action, fines, or compensation claims. Swift Tree Services regularly work with a network of trusted Arboricultural Consultants and can quickly arrange for tree surveys, ecology surveys, arboricultural impact assessments and tree risk assessments. These help you to fulfil your duty of care as a site or property manager, landowner or developer; and allow you to avoid costly unexpected bills for emergency tree work. Instead, we can assist you to plan and budget for an ongoing schedule of proactive tree maintenance, keeping your property, your team and the general public, safe.