Trees - Frequently Asked Questions

What will the Council do about...

• a tree shading my property
• tree branches growing across my boundary
• television and satellite reception
• tree position, general nuisance and interference
• utility services
• trees and ivy

A tree shading my property?

Householders have no right to light from across a neighbours land. Likewise there is no right to a view, and a view obstructed by the growth of trees cannot legally be regarded as a nuisance. Where requests are made to prune trees to increase light levels, each instance will be assessed on its merits. The householder may be assisted where appropriate, if this is possible without excess injury to or removal of healthy trees or branches. As a general policy the council will not undertake the topping, thinning or felling of trees simply to allow more light to a property, where the trees in question would not otherwise require any surgery.

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Tree branches growing across my boundary?

There is no requirement in law to prevent trees spreading over a boundary. However, whilst there is no obligation to prune trees, if branches or roots encroach on to neighbouring land they are legally regarded as a nuisance. Under the terms of this law the tree owner is not obliged to cut back the branches overhanging their neighbour’s garden. The onus is on the owner of the adjacent land concerned to action their legal right and 'abate the nuisance'. Where requests are made to prune trees that overhang a boundary each instance will be assessed on its merits. As a general policy, the council will undertake work to lessen tree encroachment, where the extent of that encroachment is considered significant in relation to the size and position of the trees. Where a tree's branches touch or are very close to a building, the work will take priority. Where overhang of the boundary is relatively minor or at considerable height, works may not be undertaken. Alternatively they may be considered for re-inspection within two years, depending on the size, type and growth of the trees concerned. Where tree roots are deemed to have encroached, works will only be undertaken where damage to property can be shown, beyond reasonable doubt, to have been a causal factor or damage is reasonably foreseeable in the future.

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Television and satellite reception

There is no legal right to television reception. Existing trees on neighbouring land which interfere with television reception, especially with satellite transmissions are unlikely to be regarded as a nuisance in law. As a general policy the council will not undertake the topping, thinning or felling of trees simply to improve television or satellite reception, where the trees in question would not otherwise require any surgery.

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Tree position, general nuisance and interference

Although trees may be considered an inconvenience to those living adjacent to them, by law they must be shown to be a substantial interference to a neighbour's comfort and convenience to be considered a nuisance. As a general policy the council will not undertake the topping, thinning or felling of trees simply to prevent the accumulation of leaves, seeds or minor debris on adjacent property, where the trees in question would not otherwise require any surgery.

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Utility services

Instances of underground pipes being broken by the growth of tree roots are very rare, but penetration and blockage of damaged pipes is not uncommon. As a general policy the council will not undertake the topping, thinning or felling of trees to prevent roots entering damaged pipes. Repair of the defect in the pipe is the only certain remedy that will prevent future problems. Modern materials and joints will significantly reduce pipe damage and subsequent root encroachment in the future.

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Trees and ivy

Ivy is a climbing, scrambling plant abundant as a groundcover shrub in the under storey of many rural woodlands. It has a variety of conservation benefits and forms an integral part of a woodlands habitat. In the urban environment there is the need to balance three main considerations for it's retention: tree safety, conservation and aesthetics. Ivy causes no direct damage to trees. However in some situations it may be considered unsightly and more importantly can create problems for efficient management by obscuring structural defects and fungal fruiting bodies. It also increases the weight of a tree's crown and the 'sail' effect during the wet, windier, winter months, when deciduous trees have shed their leaves. As a general policy the council undertake the removal of ivy from trees only where it is considered necessary to aid visual tree health assessment.

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Related Documents

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