The maintenance and management of trees are primarily the responsibility of the owner of the land on which they grow. Thanet District Council does not have the powers to ensure that people carry out regular tree maintenance on private land.
We advise tree owners to have trees inspected by a competent tree specialist (arborist):
- At regular intervals.
- After major storms, if you have any concerns.
Note: The council does not offer an on-site assessment of whether trees are dangerous.
If you own a tree that you consider dangerous, please contact a competent tree specialist to give you advice as soon as possible.
The maintenance of trees is the responsibility of the landowner. We cannot enforce that owners of trees carry out regular maintenance.
Overhanging branches
While landowners have a responsibility to ensure that their trees do not present an unreasonable risk to neighbours, they do not have an obligation to cut back overhanging branches.
There is a common law right for a neighbour to cut back branches as far as the boundary line, subject to the following rules:
- Check protection status: You must first obtain relevant permission if the tree is protected by a TPO or located within a Conservation Area.
- Check TPO and Conservation Area Boundaries on Our Interactive Map
- Offer the prunings: By law, you should offer to return the cuttings and prunings to the tree owner.
- Give notice: We advise you let the owner of the tree know before you begin any work, as they may wish to make alternative arrangements with you.
- Seek professional advice: If you are considering cutting back overhanging branches or tree roots on your land, we strongly advise you to get the opinion of a qualified tree specialist first, as improper pruning may cause the tree to become unstable or die.
Damage to property
If you think a tree is causing damage to your property (e.g., subsidence, physical damage), you should contact your property insurer or seek legal advice immediately. The Citizens Advice Bureau may also be able to help.
Shading (high hedges)
If you are concerned about light loss from neighbouring trees, and the trees concerned are a row of two or more evergreen or semi-evergreen trees, this may constitute a High Hedge issue under the Anti-Social Behaviour Act 2003.
Dangerous trees on neighbouring property
If you think that a tree on neighbouring property is dangerous, you should contact the owner of the property in the first instance and let them know of your concerns. Landowners are responsible for ensuring their trees do not pose an unreasonable risk.
To find land ownership details: Land ownership details are held by the Land Registry. We do not hold land ownership details.
Permalink
Location |
Responsibility |
Relevant contact/link |
| Footpaths and roads (highway trees) | Maintained by Kent County Council’s Highways department. | KCC Guidance on Trees near Roads and Pavements |
| Railway lines | Trees that border railways and stations (including their car parks) are usually the responsibility of Network Rail. | Network Rail |
| Housing association land | Maintained by the housing association that owns the land. | Search for Land Ownership via the Land Registry |
| Privately owned land | Maintained by the land owner. | Search for Land Ownership via the Land Registry |
If you wish to make a planning application and trees on (or next to) the site may be affected, you should provide a tree survey with your application.
This survey must be carried out according to the guidance in the current edition of BS 5837 – Trees in Relation to Demolition, Design and Construction.
Are you concerned that works are taking place on a development site? Please report a planning breach if trees are being damaged or removed against:
- Any applicable TPOs.
- Planning Conditions currently in force.
Please include information about the specific location of the affected tree(s) on the site.
Permalink