Who is responsible for a dangerous tree
Legally, a tree is owned by the landowner who owns the land on which it stands. Therefore, the landowner is then responsible for maintaining the tree’s safety.
According to the Occupier’s Liability Act 1960, landowners must ensure that trees on their land are free from ‘reasonably foreseeable risks’ as identified by a suitably qualified professional. This responsibility also extends to trespassers on one’s land.
An important note with regard to Tree Preservation Orders is that, if a TPO has been applied to a tree, group of trees or woodland, this does not confer responsibility onto the local planning authority. Responsibility regarding tree safety still resides with the landowner.
Dangerous trees on my neighbours land
Fife Council does not have the authority to enforce trees to be removed when they stand on private land. However, it is a landowner’s legal responsibility to ensure that the trees on their land are free from reasonably foreseeable risks as identified by a suitably qualified arboricultural professional.
If you are concerned about a potentially dangerous tree in a neighbour’s property, the best course of action is to first approach them directly to try to reach a suitable position. Often, contracting the support of an arborist to give a professional position on a tree can give support to a negotiation over the best course of action. In some instances, seeking private legal support may be required.
When can protected trees be removed?
Fife Council does not support the precedent of removing protected trees simply because they are large and in urban areas.
Large mature trees are an invaluable natural resource and are living organisms biologically designed to withstand a range of weather events.
Trees naturally sway in high winds because a rigid object is more likely to topple. Swaying helps the tree absorb and dissipate the wind's energy, preventing damage and toppling. However, sometimes trees do suffer damage and when this occurs, material conditions may support removal.
Such conditions include failure of part of the canopy or stem, fungal decay, dieback of the canopy, and moving of the root zone and associated soil, although this list is not exhaustive.
If in doubt, it is encouraged to seek advice from an arborist and if it is suggested that tree works are required, submit their report along with a tree work application.
