WOTTON ESTATE

est. 1579

General Estate Policy on Neighbouring Trees

Inquiries are made periodically about trees on estate land that adjoin neighbouring properties, and how these are to be dealt with.  This note is intended to set out how these inquiries will usually be viewed.

1. The first priority will be to identify if the tree or trees being queried are estate trees. If necessary, we will inspect and give our opinion on ownership.  In an initial contact it will be helpful if any inquirer sends his or her Land Registry plan, showing the location of any tree being queried.

2. If a tree is on estate land, then the limit of estate liability is to fell, or lop, such a tree if it is considered to be dangerous, that is in danger of collapsing in part or as a whole in the reasonably foreseeable future. A tree is not viewed as “dangerous” simply because it may not be precisely vertical, but may lean towards a non-estate property.  If a neighbour is concerned on this, an inspection will be made.  A tree that is increasing in height and spread and may cause a neighbouring property to be overshadowed at some point in a day, is also not viewed as automatically “dangerous”, or a matter of liability for the estate to correct.
3. If any part of an estate tree overhangs a neighbour’s boundary, then the neighbour is legally entitled to trim it back to the boundary line, offering the estate the parts trimmed. In practice all authorities agree that a neighbour is best advised to liaise in advance with the estate on concerns and intentions.
   
4. Once the estate is contacted on a tree causing concern an inspection will usually be made and an opinion will be given. If a tree is considered to be in fair condition for its age, there will be some reluctance to agree to its removal or (if not overhanging) trimming.  However, it may be possible to agree (at the estate’s total discretion) that the neighbour may commission work at his or her expense, providing an approved contractor is used.  This will be clarified in writing.
5. If an estate tree falls across a neighbour’s boundary at any time, it does not automatically follow that the estate is bound to make good any damage resulting, unless the tree has already been accepted as “dangerous”, or was demonstrably “dangerous”. Such damage may be covered by the neighbour’s house insurance policy.
   

It is hoped the above sets out a clear summary of estate policy, based on long experience of estate trees.  Neighbourly contact on matters of concern on adjoining trees is always recommended.

Batcheller Monkhouse

September 2020