Neighbour's trees
Landowners are responsible for the care, maintenance, and safety of all trees on their land. We are only responsible for trees on council-owned land.
Overhanging branches
A landowner or tenant may legally cut back branches and roots that encroach onto their property, but only up to the boundary. However, root pruning is not recommended. If the work involves working at height, it should be carried out by a qualified tree surgeon.
You must not enter council land to carry out any tree work without written permission.
Before cutting back overhanging branches, you or your contractor should:
- check if the tree is protected by a Tree Preservation Order or is within a Conservation Area. An application and approval are required to carry out work in these protected areas. Failure to obtain permission can lead to prosecution and fines
- check whether permission is needed to carry out the work, especially if the trees are protected by planning conditions
- check for bats and nesting birds, as disturbing or destroying habitat may be an offence
- inform us of the work. You may need permission to access Council land if the work cannot be safely carried out from your property
- use a qualified, insured, and traceable arboricultural contractor
- follow all relevant Health and Safety legislation
- ensure the work does not make the tree unstable or dangerous, as you could be liable for any subsequent failure
Private trees in garden grounds
No permission is required from us to cut a tree on private land unless the tree is protected by a Tree Preservation Order, located in a Conservation Area, or subject to planning conditions. If the tree is on a shared boundary or requires access to neighbouring land, you will need permission from the other party.
If a private tree affects neighbours, this is a civil matter between the parties. Landowners are responsible for ensuring their trees do not pose a danger to neighbours. In some cases, the issue may involve high hedge regulations. More information is available on our high hedge webpage.
If you live in a council property and believe a tree on your land or your neighbour’s requires pruning, contact your local Housing Management Officer, the Senior Arboricultural Officer, email tree.enquiries@highland.gov.uk or call the Service Point at 01349 886602.