Tree disputes are one of the most common types of issues between neighbours, and in many instances, individuals may require legal advice and support to resolve matters.
A tree which is growing on your neighbour’s property or close to the boundary of your property could be causing a nuisance to you for a number of reasons.
The encroachment of branches or blocking light into your home may affect your enjoyment of your property. More serious problems that could arise include the roots causing subsidence or affecting the water content of the soil.
If you do find that a tree is causing you nuisance, a discussion with the tree owner may resolve the problem. Your neighbour may agree to cut back the branches or to treat the tree to minimise the risk of damage.
However, in the unfortunate circumstance that this leads to a dispute with your neighbour, you may require legal advice or support. In this article, we will explain your rights where a neighbours tree is overhanging onto your property, what your options are, and how our residential property dispute resolution solicitors can help.
Can I bring a negligence claim against my neighbour over encroaching trees?
A negligence claim may arise if your neighbour has failed to take reasonable steps to prevent their trees from causing damage to your property. Under common law principles, particularly as developed through case law, individuals owe a duty of care to take reasonable measures to avoid acts or omissions that could foreseeably cause harm to their neighbours.
In the context of tree roots or overhanging branches, this duty may arise where:
- Your neighbour knew, or ought reasonably to have known, that their tree roots or branches were encroaching onto your property; and
- It was reasonably foreseeable that such encroachment could result in damage.
The key issue is whether your neighbour acted reasonably in all the circumstances. If they ignored signs of damage or complaints and failed to maintain the trees, they may be in breach of their duty of care.
Where this results in actual damage, such as to buildings, drains, or paving, you may have grounds for a negligence claim. Each case depends on its specific facts, including the type of damage, foreseeability of harm, and the neighbour’s conduct.
What legal rights do I have if my neighbour’s tree overhangs my property?
If your neighbour’s tree is hanging over or into your property, then you have the legal right to trim the branches back to your boundary. This is known as the ‘right of abatement’.
However, when trimming the branches, you must be careful not to trespass on your neighbour’s property or harm the tree’s health, particularly if it is protected by a Tree Preservation Order (TPO).
Neighbour tree disputes most commonly begin with a boundary being crossed without consent. To avoid escalating a neighbour tree dispute, it is advised that you notify your neighbour before attempting to trim the tree.
Can I force my neighbour to cut down their tree?
If your neighbours tree is overhanging into your garden, usually, you cannot force them to chop down their tree unless it presents a clear risk or is causing immediate harm, such as structurally unsound branches or tree roots damaging your property.
In such cases, the local council may intervene, but a court order may be necessary for ongoing neighbour tree disputes, particularly involving property damage or safety issues. Persistent matters, like a neighbour’s tree roots in my garden, or a neighbours tree damaging your property, may warrant further legal action if damage or nuisance can be proven.
Can you complain about your neighbour’s trees?
Yes, you are entitled to raise a formal complaint if your neighbour’s tree is causing legitimate problems, such as damaging your property, posing a risk to safety, or preventing you from enjoying your property.
For neighbour tree disputes involving roots or branches, it is unlikely that the council will get involved unless there is a threat to public safety. Nonetheless, you can complain about and document the issue, particularly if the neighbour’s tree is overhanging or the tree roots are damaging your property.
Early legal advice can help ensure you are preparing for a dispute effectively whilst remaining within your legal rights.
If your neighbours tree is causing damage, and you’d like to discuss your options, please don’t hesitate to reach out to our team.
Can I stop my neighbour’s trees from blocking my light?
If you have enjoyed uninterrupted light through a window for at least 20 years, you may be entitled to a legal easement if your neighbour’s tree begins to prove a problem. Otherwise, your right to light under law is limited.
If your neighbour’s tree is causing a significant reduction in natural light, then there is a slim chance that it could be considered a nuisance.
Neighbour tree disputes based on loss of light are often complex, but our expert solicitors at Levi can provide advice and support should you need it.
Can I trim back the branches myself?
Yes, you’re legally allowed to trim back branches of a neighbour’s tree so long as it is overhanging your boundary, but you can only trim the tree up to the property line. This rule applies even when the tree is causing damage to your property. If a Tree Preservation Order protects the tree, you must get permission first.
If you are trimming the neighbour’s tree, you must take care to avoid causing any damage to the health of the tree and make sure you don’t trespass. If you are trimming the tree’s roots, you must take care not to destabilise the tree.
How do you resolve tree disputes with neighbours?
If you cannot resolve the issue between you, various remedies are available to you. Mediation is often very successful in tree nuisance cases. As with any dispute, court proceedings should be a last resort, and a court can order an injunction and/or damages to compensate your loss.
An injunction is used to stop the nuisance by the appropriate method. If branches encroach on your property, the court may order the neighbour to cut the branches back. Similarly, if the roots are causing serious problems and subsidence, the court may order the tree to be removed or treated accordingly.
If a neighbour’s tree roots have damaged your property, the Court may also order damages to be paid to enable you to put your property back into the condition it would have been in had the tree not caused any damage.
If you are the owner of a property with a large or overgrown tree, it is important to minimise the risk of future claims by maintaining the tree properly. Where you are concerned with the damage which the roots of the tree could cause, it may be worth seeking advice from a tree specialist.
If you are currently in dispute with your neighbour over a tree that is causing you nuisance, speak to our specialist neighbour disputes solicitors.
When should I seek legal advice?
If a neighbour tree dispute escalates or damage to the tree or property has become evident, then you should seek legal advice. Legal input is especially important when the tree is protected, if you and your neighbour have had previous issues, or if you cannot communicate with the individual responsible for the tree.
Levi Solicitors can help to determine who is responsible for the tree maintenance, determine liability, assess your rights, and explore potential remedies to find an amicable resolution to your dispute, including negotiation, mediation, or formal legal action where necessary.
For more information and assistance for a tree dispute with a neighbour, you can call us on 0800 988 7756 or email us at [email protected].
