Who Owns the Tree?
Introduction
In most cases a tree in its entirety; trunk, branches and roots is owned by the person on whose land it is growing.
The question of ownership may be unclear if the tree is growing on or near a boundary, especially if the exact location of the boundary is unknown. When ownership is in doubt it is necessary to establish the location of the boundary.
Related Pages
Highways Act 1980
Responsibilities of a Tree Owner - A General Guide
Responsibilities of a Tree Owner - An Occupiers Liability
Responsibilities of a Tree Owner - Neighbouring Land
Responsibilities of a Tree Owner - Trees and the Highway
Responsibilities of a Tree Owner - Works to Trees
Tree Inspection - Who, What, When, Where, Why and How.
Visual Tree Assessment (VTA)
Ownership
Ownership may be established by reference to property deeds or by resorting to traditional conveyancing rules.
When the position of the boundary cannot be established by these means and the ownership of ‘the tree’ is still in doubt, it may be appropriate for the concerned parties to come to a voluntary agreement between themselves or allow the courts to rule on the position of the boundary. ‘The tree’ then belongs to and is the responsibility of ‘the person’ on whose land ‘the tree’ is growing.
When a tree grows exactly on the boundary it will normally be considered to be the joint responsibility of both of the neighbours’ concerned unless the property deeds or another agreement indicates otherwise.
When a property is rented or leased the responsibility for the trees may lie with the owner, agent or tenant depending on the written tenancy agreement.
In the case of roads maintained by the Highway Authority, trees may be owned by the authority or the owner of the adjoining land (the so called frontager). For example, trees which were planted before the Highway Authority adopted the road are not owned by the Highway Authority; the presumption is that the sub-soil to the center of the highway belongs to the owner of the adjoining land.
The Highway Authority has some liability for the management of trees in the highway for any loss or damage caused by them because they have control over them under the Highways Act 1980.
Summary
A tree is usually owned by the person on whose land it is growing. Establishing ownership may be important for a number of reasons, not least because the owner of the tree has a responsibility, known in law as ‘the duty of care’, to take reasonable care to avoid acts or omissions which he or she could reasonably foresee may result in harm or injury.
For specific advice, with respect to the law, please seek qualified legal opinion. For general advice please contact us.
Reference: APN 11 Trees and Hedge in Dispute.