Legal and Insurance Issues in Tree Work – What Every Tree Owner Needs to Know

Tree surgery isn’t just a technical discipline—it’s a legal and contractual one too. Whether you’re hiring a contractor, managing a commercial property, or simply maintaining trees on your land, understanding the legal and insurance landscape around tree care is essential.

Who Is Legally Responsible for Trees on Your Property?

In UK law, the person who owns the land is responsible for the trees growing on it. That means:

Even if you didn’t plant the tree, and even if it borders someone else’s land, you are still accountable. This applies to homeowners, estate managers, housing associations, schools, and local authorities.

Negligence is judged by what is ‘reasonably foreseeable’. If a branch falls and injures someone—and you failed to act on obvious signs of decay—you may be legally liable.

Duty of Care – The Foundation of Tree Liability Law

Tree owners have a legal duty of care under common law to ensure that their trees do not pose an unreasonable risk to others. This duty becomes especially important if:

Courts will consider whether the owner acted reasonably. This usually means commissioning regular tree inspections and acting on recommendations from qualified professionals.

How Often Should Trees Be Inspected?

There is no fixed legal timeframe, but high-risk trees (e.g. those near roads or structures) should be inspected every 18–36 months. Low-risk trees (e.g. isolated trees in open fields) may be assessed less frequently.

Tree Thyme offers documented inspections and written reports to establish a clear, auditable duty-of-care trail—especially important in the event of a claim or dispute.

What Insurance Should a Tree Surgeon Hold?

Hiring a tree contractor without the correct insurance exposes you to financial and legal risk. A reputable tree surgery company must carry:

1. Public Liability Insurance

This protects against damage or injury caused during tree work. For example:

Tree Thyme carries public liability insurance

2. Employers’ Liability Insurance

If a worker is injured on-site and is not properly insured, the client (i.e. you) could become entangled in a legal dispute. Employers’ liability cover is a legal requirement for all businesses with staff or subcontractors.

3. Professional Indemnity Insurance

This covers consultancy services such as tree surveys, risk assessments, or reports submitted for planning applications. If incorrect advice leads to financial or structural loss, this cover protects both parties.

Always ask your contractor for proof of insurance—and ensure it’s valid at the time of work.

Legal Protections for Trees – Avoiding Accidental Offences

Even well-meaning work can break the law if you’re not aware of Tree Preservation Orders (TPOs), Conservation Area regulations, or planning conditions.

Unlawful tree work can lead to:

Fines of up to £20,000 per offence for TPO violations

Legal action by local planning authorities

Restoration orders requiring replanting at your expense

Delays or rejections in planning applications

Professional tree surgeons like Tree Thyme will carry out all necessary checks, liaise with the local authority, and ensure your project is compliant before a single cut is made.

What Happens If Tree Work Goes Wrong?

Unfortunately, mistakes do happen—especially when clients choose unqualified or uninsured contractors. Common legal issues include:

Unlawful tree work can lead to:

Boundary disputes after trees are cut beyond legal limits
Claims of property damage caused by poor rigging or felling methods
Injuries to third parties due to falling branches or unsecured equipment
Failure to obtain permissions, resulting in retrospective enforcement by councils

The best protection is documentation. That includes:

Tree Thyme provides all of the above as standard. If your chosen contractor does not, you should consider this a red flag.

Trees and Neighbours – Legal Obligations on Shared Boundaries

Neighbour disputes are one of the most common sources of legal action related to trees. Key points include:

You may trim overhanging branches up to your boundary—but not beyond
You may not cut roots or branches of protected trees without permission
Arisings (cuttings) still legally belong to the tree owner
You may be liable for damage caused by roots encroaching from your land

If a neighbour’s tree poses a threat to your property, it is often better to request a formal inspection and mediation before taking action. Tree Thyme can provide neutral assessments to help resolve disputes professionally.

Legal Confidence Comes From Good Advice and Full Coverage

Tree care comes with serious legal responsibilities—but also clear solutions. The key is to understand your obligations, choose certified professionals, and document everything.

At Tree Thyme, we believe tree work should be carried out with the same diligence, safety, and transparency as any other professional service. We help clients meet legal requirements, reduce liability, and ensure peace of mind from start to finish.

If you’re unsure about the legality of upcoming tree work, or whether your property might be at risk, speak to us before taking action. In tree care, proactive legal awareness always costs less than reactive legal defence.