Tree Maintenance
Large Trees / Branches or Roots are encroaching on to my land, are a nuisance, are restricting my light, what can I do?
All Trees in Conservation Areas or trees that are subject to a TPO require consent from the local planning authority before any branch or root pruning can begin. Please see https://www3.halton.gov.uk/Pages/planning/Conservation.aspx for more information on tree preservations orders
Council owned trees will not be pruned or removed to stop the nuisance of overhanging branches or removed to improve natural light in or to a property. This includes properties with (or planned to be installed) solar panels.
If a person decides to prune back overhanging branches or encroaching roots, they must consider the future stability of the tree, they may be liable for any damage that occurs because of the pruning. It is recommended the work is done by a tree specialist who understands tree law.
Branches
Court results have established that if branches from a neighbour's tree overhang your property you may cut these branches back to the property boundary - if the tree is in a conservation area, or subject to a tree preservation order, you must get consent from the local planning authority before any branch or root pruning operations begin.
Although you don't need to obtain permission from the tree owner to carry out these works, it would be a good neighbourly gesture to notify them of your intentions beforehand.
NOTE if the work carried out permanently damages the tree they may leave themselves liable for legal recourse.
The removed branches and any fruit remain the property of the tree owner and should be offered back to them.
Roots
Where it is suspected that roots from a neighbouring tree are causing damage to your building or property it's best to seek professional independent advice in the first instance. It has to be independently established which tree the root belongs to.
If you suspect that your building or property is suffering from subsidence or direct damage caused by the tree roots , you must initially contact your insurers who may ask for a report from a qualified structural engineer.
If you think your property is affected this way, you should first obtain a structural survey (often via your own building insurance company - , it would be prudent to contact a qualified arboriculture consultant to carry out an assessment).
Just as branches can be pruned back to the property boundary, so can the roots of neighbouring trees.
NOTE if the work carried out permanently damages the tree they may leave themselves liable for legal recourse.
Requests for tree works can be made if you can identify a specific issue that indicates the tree has a disease or is a specific danger. Please include what signs of decease or decay and any information around height etc.
Further information