Tree health, woodland management and the law

Trees are beautiful and vital habitat, and we want to protect and support them wherever we can. They play a crucial role in biodiversity, climate resilience, landscape character and wellbeing. We always welcome and respond to reports from members of the public regarding concerns over tree health or safety.

Tree health – what we look for

Some things we routinely assess include:

  • Vigour – whether the tree is evenly covered in leaves from spring to autumn
  • Crown – whether it is balanced and whether dead wood is present
  • Trunk – signs of dead, missing or abnormal bark, cavities or decay
  • Roots / collar – evidence of decay, response growth, plate lifting or soil weakness

Things that can look concerning but are not necessarily signs of poor health

  • Leaning – trees can lean and remain perfectly healthy. Trees naturally compensate through root and stem growth, which is why they can grow successfully on steep slopes and uneven ground.
  • Dropped branches – while hanging or fallen branches can present risk in certain locations, branch shedding is part of a tree’s natural growth cycle and does not automatically indicate poor health. Dead wood is monitored and removed based on risk assessment.

If you have concerns, please let us know. A What3Words location is ideal. If this is not possible, please provide several photographs and include nearby landmarks to help us locate the tree accurately.

Inspection and monitoring

We have a structured inspection regime in place. Trees that require closer monitoring are tagged and subject to regular professional inspection. Additional inspections are carried out following significant weather events.

Ranger inspection routine

Area Informal observation frequency
Formal pathways 1–4 weeks
Town Hall surroundings Weekly
Playparks Weekly
Dolerw coppice (W3W ///depending.touched.bungalows) 6–8 weeks
Boundaries As required
Tagged trees 1–4 weeks
Reported concerns As risk assessed

Prioritisation of inspections and woodland context

Tree inspection and management are prioritised according to risk and level of use.

Our primary focus is on trees located:

  • Along formal public pathways
  • Adjacent to play areas
  • Near buildings, structures and other high-use locations

Trees located along informal desire lines, within established woodland, or in areas managed primarily for wildlife habitat are inspected less frequently and managed differently, in line with proportional risk assessment and accepted best practice.

Woodland as habitat and acceptance of natural risk

Woodland areas are living ecosystems. They are made up of the constituents of the woodland, including mature trees, deadwood, fallen limbs, uneven ground and natural regeneration. These features are essential to biodiversity and ecological health.

Where trees exist as part of woodland habitat, that woodland is their home.

People who choose to leave formal paths and enter woodland areas do so accepting the natural risks associated with that environment, including fallen branches, decaying wood and uneven terrain. This approach is consistent with occupiers’ liability principles, which recognise that landowners are not required to remove all natural hazards from wild or semi-wild environments.

In practice, this means:

  • Deadwood is not routinely removed from woodland areas
  • Wildlife habitat is preserved wherever safely possible
  • Intervention is prioritised where risk to the public is highest
  • Safety, ecology and proportional management are balanced

Land management and biodiversity

Land management may occasionally involve strategic thinning to promote biodiversity at ground level, improve habitat connectivity or maintain safe access. Professional advice is taken before works are undertaken.

In cases of tree health or safety, crown reduction may be chosen over removal in order to retain habitat value. Fallen trees are also valuable wildlife habitat. Where a fallen tree poses no risk, it may be left in situ, recognising both ecological benefit and the financial cost of removal.

Trees and the law – rights and responsibilities

This section explains how UK law applies where trees located within parkland oversail or interact with neighbouring properties.

Boundary trees

If the base of a tree sits directly on the boundary line between two properties, it is jointly owned by both landowners (classed as tenants in common). Felling or carrying out major works without the other owner’s consent may amount to trespass and give rise to liability.

Most parkland trees are not boundary trees. Where the trunk is wholly within parkland, responsibility remains with the parkland owner.

Overhanging branches and encroaching roots

Common Law – Right to Abate a Nuisance

Where branches or roots extend over a neighbouring property boundary, common law provides a clear remedy known as the Right to Abate a Nuisance.

This means a neighbour may:

  • Cut back overhanging branches or encroaching roots to the boundary line
  • Carry out the work from their own land
  • Do so without permission or prior notice, provided no access to parkland is required

There is no automatic obligation on the parkland owner to prune trees solely because they oversail a boundary, provided the trees are healthy and reasonably managed.

Trees protected by a Tree Preservation Order (TPO) or located within a Conservation Area require prior consent from the local authority before any works are undertaken.

Disposal of cut material

Branches and roots removed during abatement remain the property of the tree owner and should be offered back. If declined, the person carrying out the work is responsible for lawful disposal. Cut material must not be thrown back into parkland.

Cutting beyond the boundary

Cutting beyond the boundary to prevent regrowth is not permitted.

Liability when carrying out works

Anyone cutting branches or roots has a legal duty to act with reasonable care. Improper works can destabilise a tree or introduce disease, leading to failure.

If damage occurs as a result of negligent work, the person undertaking that work may be liable. Competent, insured arborists should be used for anything beyond minor pruning.

Roots and subsequent damage

The same rights and liabilities apply to roots as to branches. If root cutting weakens a tree and it later falls, the person who carried out the work may be liable for resulting damage. Professional advice should be sought before cutting significant roots.

Wildlife and trees

The Wildlife and Countryside Act 1981 applies to all tree works.

It is an offence to damage or destroy:

  • Bat roosts
  • The nest of any wild bird while it is in use or being built

Tree work should avoid sensitive times of year and mature trees should be checked for cavities, cracks or signs of use by protected species before works commence. Any concerns should be highlighted to the tree surgeon in advance. Consent is required where trees are protected.

Right to light – clarification

There is no general legal right to preserve light where obstruction is caused by trees. Shading from trees is usually regarded as a normal and lawful consequence of their presence.

Legal rights to light relate primarily to buildings and apertures and apply only in limited circumstances. Loss of light caused by trees does not, in itself, create an obligation to prune or remove parkland trees.

Duty of care and tree safety

Under the Occupiers’ Liability Acts 1957 and 1984, landowners and managing bodies must take reasonable care to ensure trees are structurally safe and do not pose a foreseeable risk of harm.

This duty relates to safety, not nuisance. Healthy trees that shed leaves, seeds or small branches do not constitute a breach of duty.

Reference: Royal Horticultural Society – “Trees and the Law”, June 2023

Invasive non-native species

There are over 3,000 non-native species in Britain. Many are harmless, but some establish in ways that threaten native biodiversity or create land management or public welfare issues. These are known as invasive non-native species.

In line with Welsh Government policy, our approach emphasises:

  • Prevention – considered advice on planting
  • Detection and rapid response – monitoring green spaces and welcoming public reports
  • Long-term management and control – through an active biodiversity plan

Industry-standard invasive plant control methods fall into four categories:

  • Mechanical
  • Chemical
  • Biological
  • Cultural

Mechanical control is preferred and includes mowing, cutting back to prevent seed dispersal, or digging out plants. We avoid spraying wherever possible and only use qualified and insured professionals where chemical treatment is necessary.

Government & Official Guidance

Tree Law & Common Law Rights

Neighbour & Boundary Issues

Legal Context & Nuisance Issues

High Hedges Legislation

Practical Tree Advice