Overhanging branches from a neighbours tree(s) that encroach into adjacent property (airspace) may be removed at the boundary by the adjacent landowner without notice being given to the tree owner. This action however, should be tempered with caution. Damage to another person’s tree or woodland may be prosecuted under the Criminal Damage Act 1991. The right to cut encroaching tree roots is similar to the cutting of overhanging branches but care is required to avoid rendering the tree unstable and susceptible to death. If the roots are damaged and the tree injured as a result, the person who caused the damage may be liable. Legal redress can be sought of it is proven that encroaching roots or branches are causing or are likely to cause damage.
Owners of trees and woodlands also have a duty of care to maintain their trees and to ensure they are not dangerous or in a hazardous condition. In the most extreme cases, trees or parts of trees can fall and cause considerable damage, injury or death. Owners of trees and woodland have a statutory duty under the Occupiers Liability Act 1995 and the Roads Act 1993 to maintain their trees so that they do not pose a threat to the public.
Section 70 of the Roads Act 1993 obliges landowners and occupiers of land to take all reasonable care to ensure that the trees, hedges and other vegetation growing on their land are not, or could not become, a danger to people using or working on a public road. Examples of hazards might include dead or dangerous trees, or trees and hedges overhanging roads, blocking footpaths or obscuring road signs or sight lines i.e. the view of the road ahead.
It should also be noted that the Communications Regulations Act 2002 and the Electricity Regulation Act 1993 give authority to utility suppliers to prune trees.
There are also two statutes that deal with the lopping, cutting and removal of trees at airports i.e. Defence (amendment) Act 1987 and the Air Navigation and Transport (Amendment) Act 1998. The 1987 Act covers military aerodromes and the 1998 Act covers civil airports.
Under the Transportation (Railway Infrastructure) Act 2001, Section 49 deals with the lopping of trees in relation to railways.