Who is responsible for trees?
Trees are the responsibility of the owner of the land on which they grow. We do not have the powers to ensure that people carry out regular tree maintenance.
We advise tree owners to have trees inspected at regular intervals by a competent person, and also after major storms if you have any concerns.
If you own a tree that is dangerous contact a competent tree specialist to give you advice as soon as possible.
If a dead or dangerous tree is protected and it’s condition has been confirmed by a person competent to make that decision, then you do not need to make a full application for making it safe.
The maintenance of trees is the responsibility of the land owner. We cannot ensure that owners of trees carry out regular maintenance.
- Whilst landowners have a responsibility to ensure that their trees do not present an unreasonable risk to neighbours, they do not have an obligation to cut back overhanging branches, and so there is a common law right for a neighbour to cut back branches as far as the boundary, subject to getting any relevant permission if the tree is protected.
- By law you should offer to return the pruning's to the tree owner. We also advise you let the owner of the tree know before you begin any work as they may wish to make alternative arrangements with you.
- If you are considering cutting back overhanging branches or tree roots on your land we advise you to get the opinion of a qualified tree specialist first, as you may cause the tree to become unstable or die.
Damage to property
- If you think a tree is causing damage to your property then you should contact your property insurer or seek legal advice. The Citizens Advice Bureau may also be able to help.
- If you are concerned about light loss from neighbouring trees, and the trees concerned are a row of two or more evergreen or semi-evergreen trees, then this may constitute a High Hedge.
If you think that a tree on neighbouring property is dangerous, then you should contact the owner of the property in the first instance and let them know of your concerns. Landowners are responsible for ensuring their trees do not pose an unreasonable risk.
Land ownership details are held by the Land Registry. We do not hold land ownership details.
If you have tried to contact the landowner and have not been able to do so, or if you have and they have not taken action then please email us email@example.com.
Trees that border the footpaths and roads
Trees in parks and on Dover District Council land
As a landowner, we have a duty of care to ensure that all trees on our land are kept in an acceptable condition and do not put people or property at unreasonable risk.
We carry out regular inspections of trees to identify issues at the earliest possible time, so that preventative action can be taken where appropriate. Only essential works will be undertaken in order to manage a tree. The type of works undertaken will depend on the location, species and state of health of the tree.
We carry out works to trees on our land, if the problem is about:
- the health of the tree – if the works are vital to the tree’s long-term survival. Dead, dying or diseased trees will only be removed when there is no other option
- the safety of the tree – if the tree has been identified as potentially hazardous or an immediate danger
- damage being caused by the tree e.g.– where branches are touching buildings, physical contact with walls, windows, gutters) or roots are resulting in structural damage
- a fallen tree
- loose limbs
We do not carry out works to a a tree if the problem is solely about:
- light or shading
- blocked TV signals
- falling leaves, fruit, seeds, pollen, bird droppings
- overhanging branches
If one of our trees has branches overhanging your garden, and you wish to prune it back, then we have no objection to you doing so. If the tree is protected by Tree Preservation Order or is within a Conservation Area, first you need to obtain consent by making the necessary application or notification.
TPOs are shown on our Map »
The impact on local wildlife of all tree works will always be thoroughly considered. Where appropriate, dead and fallen wood will be left on site, unless there are sound conservation and safety reasons for its complete removal.
If you wish to make a planning application and trees on or adjacent to the site may be affected then you should consider whether you need to have a trees survey carried out to the guidance in the current edition of BS:5837 – Trees in Relation to Demolition, Design and Construction.
If you are concerned that works are taking place on a development site and that trees are being damaged contrary to any applicable TPOs or Planning Conditions in force please report a planning breach.
Trees alongside Railway lines
Trees that border railways and stations including their car parks are usually the responsibility of Network Rail.
Trees on Housing Association Land
Trees that are on land owned by a housing association are maintained by the housing association which owns the land
The majority of Housing Association properties in Tunbridge Wells are owned by Town and Country Housing Group
Find out who owns a tree
Trees that are on privately owned land should be maintained by the land owner. To find out who owns a piece of land you should contact the Land Registry.