Reader Question Ms. Jones in Whitley Bay
Ms. Jones from Heaton asks : “There’s a large tree on my neighbour’s property that looks unstable. What can I do if I think it’s dangerous?” .
This is a common concern among homeowners, as overgrown or damaged trees can pose serious risks to property and safety. In this guide, we’ll outline the necessary steps to take if you’re dealing with a potentially hazardous tree near your home.
Understanding the Risks of a Dangerous Tree
Trees add beauty to a neighbourhood, provide shade, and enhance property value, but when they are not maintained properly, they can become a safety hazard. A tree may be dangerous if it shows signs of:
Large dead or hanging branches
A noticeable lean, particularly if it has shifted suddenly
Cracks in the trunk or major limbs
Uprooted or damaged roots
Fungal growth or decay at the base
Falling branches even in calm weather
If you notice these signs on a tree on your neighbour’s property, you need to take action before it causes damage or injury.
Step 1: Talk to Your Neighbour
The first step is to communicate with your neighbour about your concerns. They may not be aware that their tree is in poor condition. Approach the conversation with courtesy and explain why you believe the tree poses a risk. If possible, show them photos or videos of the tree’s condition. Many property owners will appreciate the warning and take action to address the issue.
Step 2: Document the Problem
If you suspect that the tree is a serious hazard, begin documenting the issue. Take clear photos and videos from different angles, capturing any visible signs of damage. Note the date and any changes you observe over time. Keeping a record can be useful if the situation escalates or if legal intervention becomes necessary.
Step 3: Consult Local Regulations
Before taking any action, check whether the tree is protected by a Tree Preservation Order (TPO). Some trees, especially older or rare species, are legally protected, meaning the owner cannot remove or significantly alter them without permission from the local council. Contact your local authority to determine if any restrictions apply.
Step 4: Seek Expert Advice from an Arborist
A professional arborist (tree surgeon) can assess the tree’s health and determine whether it poses a legitimate risk. If you’re unsure whether the tree is dangerous, hiring an expert can provide clarity. An arborist can also provide a written report, which can be helpful if you need to convince your neighbour or escalate the issue to local authorities.
Step 5: Report It to the Local Authority
If your neighbour refuses to address the problem and the tree poses an imminent danger to public safety—such as the risk of falling onto a road, footpath, or public property—you can report it to your local council. Councils have the authority to order a property owner to take action if a tree is deemed hazardous to the public.
Additionally, if the tree is near power lines, contact your local energy provider, as they may need to trim or remove it to prevent electrical hazards.
Step 6: Know Your Legal Rights
If the tree’s branches or roots extend into your property, you generally have the right to cut back the overhanging portions (within legal limits). However, you must not trespass onto your neighbour’s land or cause damage to the tree. It’s always best to check local laws and consult a solicitor if you’re unsure about your rights and responsibilities.
If the tree poses an immediate and serious danger, and your neighbour refuses to act, you may need to take legal action. Seeking advice from a property lawyer can help you understand your options.
Step 7: Consider Mediation
If communication with your neighbour has broken down, mediation can be an effective way to resolve the dispute. A mediator is a neutral third party who can facilitate discussions and help both parties reach an agreement. Many local councils offer free or low-cost mediation services to assist homeowners in resolving property-related disputes amicably.
Step 8: Be Prepared for Storms and Emergencies
Storms, heavy rain, and high winds can turn a weak tree into a significant hazard. If severe weather is forecast and you believe the tree may fall, take precautions such as:
Parking vehicles away from the tree
Avoiding rooms directly under or near overhanging branches
Keeping emergency contact numbers for tree surgeons and the local council handy
If the tree falls and causes damage, take immediate photos of the aftermath and contact your insurance company to file a claim.
Step 9: Check Your Home Insurance Policy
Your home insurance policy may cover damage caused by falling trees, but it’s best to review your policy in advance. Some policies only cover damage if the tree was known to be dangerous and the owner failed to take action. Keeping records of your concerns and any communication with your neighbour can support an insurance claim if necessary.
Tips for Addressing Dangerous Trees on Neighbouring Properties
For homeowners searching online for solutions to tree-related disputes, using the right search-friendly terms can make a difference. Here are some common search queries that people use:
What can I do if my neighbour’s tree is dangerous?
How to report a dangerous tree UK
Overhanging tree branches legal rights UK
Neighbour’s tree damaging my property – what can I do?
Who is responsible for a tree falling on my house?
Conclusion: Take Action Before It’s Too Late
If you think a tree on a neighbouring property is dangerous, don’t wait for disaster to strike. Start with open communication, document the issue, and seek professional advice if necessary. If your neighbour refuses to take responsibility, explore legal and council-based solutions to protect your property and safety.
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