Summary: We will not investigate this complaint about the Council’s refusal to cut back protected trees overhanging private property. It is reasonable for the complainant to make a claim against the Council for any damage caused by the trees and seek a remedy in the courts if no liability is accepted.

The complaint

1. Mr X complained about the Council’s refusal to cut back tree branches overhanging his property boundary. The trees are growing on Council land and he says he is concerned about damage to his property which they have caused in the past. He also complains about the mess caused by falling leaves and fruiting debris on his land.

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The Ombudsman’s role and powers

2. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

3. I considered the information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X says large oak trees growing on Council land next to his boundary are causing mess from leaves and debris on his property. He also says he is concerned that the trees may cause damage to his property from falling branches and root encroachment as they have done in the past.
6. The Council says it will not cut back tree growth over private land. Landowners have a common law right to prune branches growing over their property and it expects Mr X to do so if he is concerned. It has advised him that the trees have protected status in a conservation area and that any work carried out to them would require permission from the Council to comply with Tree Preservation Order legislation.
7. Mr X believes the Council has cut back the trees in the past and should do so now. There is no statutory requirement for a council to cut vegetation encroaching onto private land and this is a civil matter. Mr X has in the past made a claim against the Council for damage cause to his property by the trees and it is reasonable for him to do so again. If the Council denies any liability, he may seek a remedy in the courts.

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Final decision

8. We will not investigate this complaint about the Council’s refusal to cut back protected trees overhanging private property. It is reasonable for the complainants to make a claim against the Council for any damage caused by the trees and seek a remedy in the courts if no liability is accepted.

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Investigator's decision on behalf of the Ombudsman