Trees are an important part of the landscape across Devon, from residential gardens and country estates to public spaces and commercial sites. But when a tree becomes unsafe or potentially dangerous, one question often comes up very quickly:

Who is actually responsible for it?

At DTG Trees & Grounds, we regularly speak to homeowners, landlords and businesses who are unsure where responsibility lies when a tree starts causing concern. The answer depends on ownership, location and the level of risk involved.

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In Most Cases, the Tree Owner Is Responsible

Generally speaking, responsibility for a tree sits with the owner of the land it grows on.

That means:

• Homeowners are responsible for trees within their property boundaries
• Landlords are responsible for trees on managed properties
• Businesses are responsible for trees on commercial sites
• Councils or local authorities are responsible for trees on public land

The owner has what’s known as a “duty of care.” In simple terms, this means taking reasonable steps to ensure their trees do not pose a foreseeable risk to people or property.

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What Counts as a Dangerous Tree?

Not every imperfect tree is dangerous. Trees are natural living structures, and minor defects are common. However, there are some warning signs that may indicate increased risk, including:

• Large dead branches
• Visible decay or cavities
• Cracks in the trunk or major limbs
• Significant lean or root movement
• Storm damage
• Fungal growth around the base
• Falling branches

If a tree shows signs of structural weakness and could potentially harm people, vehicles, buildings or public areas, it should be professionally assessed.

What Happens If a Dangerous Tree Is Ignored?

If a tree owner is aware of a potential issue and fails to act reasonably, they could be held liable if the tree causes damage or injury.

This is why regular inspections are important, especially for:

• Trees near roads or footpaths
• Trees close to buildings or parked vehicles
• Commercial sites and public spaces
• Schools, estates and shared access areas

The key point is not that every tree must be perfect, but that obvious risks should not be ignored.

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What About Trees Overhanging Neighbouring Property?

This is one of the most common situations we come across.

If branches extend into a neighbouring property, the neighbour usually has the legal right to cut them back to the boundary line, provided they do so reasonably and without damaging the tree unnecessarily.

However, if the tree itself appears dangerous, it’s always best to communicate with the owner first and seek professional advice before any work takes place.

Disputes often arise simply because concerns aren’t discussed early enough.

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Trees Protected by TPOs or Conservation Areas

In some parts of Devon, trees may be protected by a Tree Preservation Order (TPO) or located within a conservation area.

This means permission may be required before carrying out pruning or removal, even if the tree is causing concern.

That said, genuinely dangerous trees can still be made safe. In emergency situations, safety takes priority, though evidence and professional documentation are usually important.

A qualified arborist can help advise on the correct process and whether the tree is protected.

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The Importance of Professional Tree Inspections

One of the biggest mistakes people make is assuming a tree is either completely safe or definitely dangerous based purely on appearance.

In reality, tree risk assessment is more complex than that.

At DTG Trees & Grounds, we carry out professional tree inspections across Devon, helping property owners understand:

• The condition of the tree
• The level of risk involved
• Whether work is actually necessary
• The most appropriate next steps

In many cases, pruning or ongoing management is enough. Not every tree with a defect needs to be removed.

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Peace of Mind for Property Owners

Whether you’re a homeowner, landlord or commercial site manager, dealing with tree concerns early is always the best approach.

Professional advice can:

• Reduce risk
• Prevent costly emergency work
• Help retain healthy trees where possible
• Provide reassurance and clear recommendations

If you’re unsure about the condition of a tree on your property or concerned about one nearby, getting it inspected properly is the safest next step.

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Professional Tree Advice Across Devon

DTG Trees & Grounds provide tree inspections, surveys, risk assessments and tree surgery services across Devon.

Whether you’re dealing with storm damage, suspected decay or simply want peace of mind about a tree near your property, our team is always happy to help with honest, practical advice.