Can the Council Cut Down the Tree Outside My House Without Asking Me?

This is a question that comes to us fairly regularly from homeowners across Grange-over-Sands, Kendal, Carnforth and the surrounding area who have noticed council tree surgeons working on the street tree outside their house, or who have received notice of proposed work, and want to understand the legal position.

The straightforward answer is yes, the council can carry out work on highway trees without the consent of adjacent property owners. However, the situation is a little more nuanced than that, and it is worth understanding what the council is and is not allowed to do.

Who Owns Highway Trees?

Trees growing on the public highway, whether in the pavement, in a roadside verge or in a central reservation, are the responsibility of the relevant highway authority. In Cumbria, depending on the road, this will be either Westmorland and Furness Council for local roads, or National Highways for trunk roads. The trees are not the property of adjacent landowners, even though they may be directly in front of a private property.

This means that the council, as the highway authority, has both the legal responsibility to maintain these trees in a safe condition and the right to carry out whatever management work they determine is necessary to discharge that responsibility. They do not require the permission of adjacent property owners to carry out pruning or, where necessary, removal of a highway tree.

Does the Council Have to Notify You?

There is no general statutory requirement for councils to give advance notice to adjacent residents before carrying out routine maintenance work on highway trees. In practice, most councils do give some form of notification, whether a letter through the door, a notice on the tree or information on their website, as a matter of good neighbourly practice. But this is not legally required for routine work.

For major work, particularly felling a significant highway tree, most councils have internal policies that provide for some form of consultation or notification, and there are sometimes local representations made about proposed removals. Whether the council is obliged to take account of residents' views on this is a matter of local policy and the specifics of the situation.

What if the Street Tree is Causing Problems for Your Property?

If a highway tree adjacent to your property is causing a problem, whether roots lifting your driveway, branches overhanging your garden, heavy leaf fall, or a concern about the structural safety of the tree, the correct approach is to contact the council directly and report the issue. Councils have tree teams that assess and prioritise highway tree management.

For Grange-over-Sands and the surrounding South Lakeland area, highway tree concerns should be reported to Westmorland and Furness Council. For properties in North Lancashire including Carnforth, Bolton-le-Sands and surrounding villages, Lancaster City Council is the relevant authority.

Can You Remove a Highway Tree Yourself?

No. You cannot carry out any work on a tree on the public highway without the permission of the highway authority. Even if branches are overhanging your property, you do not have the automatic right to cut them that you would have with a tree on a neighbour's private land. Any unauthorised interference with a highway tree is potentially a criminal offence.

If branches from a highway tree are overhanging your property and you want them addressed, the correct route is to contact the council and request that they assess and, if appropriate, carry out the necessary pruning as part of their highway tree management programme.

What About Trees in the Council's Parks?

Trees in public parks and open spaces managed by the council are similarly the responsibility of the council, and the same principle applies: the council manages them without requiring the consent of local residents, but they are responsible for their safety and condition.

Get Advice on Your Situation

If you have a concern about a tree near your home that you are not sure is on public or private land, or if you have a highway tree situation that you are uncertain about, we are happy to advise you on the position and point you in the right direction.

Phone/WhatsApp: 07376804724
Email: enquiries@maxreynoldstreeservices.com

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