Trees. They can look beautiful, really add to your garden and surrounding area, and have untold benefits for nature and the environment. So, how do they cause so many disputes?
I am regularly contacted by people who have difficult disputes with their neighbours that are caused by trees on someone’s land. The issue with tree law is that it is complicated and can be open to interpretation. This is how a seemingly insignificant issue, such as tree roots under house foundations or encroaching on another person’s property, can quickly escalate.
So, what issues can trees cause, and how can you resolve them? In this blog, we will cover the basic principles of tree ownership and boundary disputes, break down the most common tree-related concerns, and provide some practical steps that you can take towards a resolution.
If you are facing tree disputes from surrounding residents or want to raise your own claim over a tree-related issue, please contact our expert dispute resolution solicitors today for help. Alternatively, you can call 0800 988 7756 or fill in the enquiry form and our team will call you back.
| Understanding tree ownership and boundaries
Things start to get complicated for most people when a tree sits on or near a property boundary. Straight away, questions around responsibility for upkeep and ownership can arise.
As a general rule, the tree belongs to the owner of the land on which the trunk falls, but if that happens to be directly on a boundary line, then it may be jointly owned. In this case, decisions over the upkeep or removal of the tree should usually be jointly made.
If there are branches or tree roots damaging property, then they can usually be trimmed back to the boundary so long as care is taken not to trespass or damage the tree’s health.
It is advisable to seek legal advice before taking any actions relating to a tree dispute to ensure that you are acting within your legal rights.
| Trespass
Tree roots and branches, particularly of older, larger trees, can often spread onto neighbouring land. So, what can you do if a tree reaches over your property boundary and causes issues?
Firstly, as with all disputes, we would always advise you to start by having a friendly chat with the tree’s owner. They may be willing to remove the tree or pay to prune any overhanging branches. If the boundary trees’ branches overhang, then you may get permission to remove them. These branches should then be offered back to your neighbour.
The roots on boundary trees are a slightly more complicated matter. If the tree’s roots come onto your land, then you are entitled to remove them. However, you will be liable for any damage caused to or by the tree as a result.
| Nuisance
Trees sometimes cause more issues than merely encroaching over the boundary. For example, the roots may come onto your land and cause issues with the plants in your garden or even the structure of your property.
A few options are available to resolve these issues, which, again, where possible, should start with a discussion between you and the tree’s owner. It is possible that you could both jointly instruct a tree expert to look at the issues and advise how to resolve them. If the dispute worsens, mediation could be key to reaching a solution.
If relations worsen between you and your neighbour, you may be able to make a claim against them for negligence and/or nuisance. This could secure you compensation for the damage that your property or your enjoyment of your property has occurred or an injunction which will order the individual to take steps to address the problem.
| Trees on boundaries
If a tree is on the boundary between two properties, it is likely to be the responsibility of both neighbours. In these situations, you should make joint decisions about what happens to the tree.
If one of you fells the tree without expressed permission from the other or made other significant changes to the tree, then you may be liable for trespass. A surveyor can help you determine who owns a tree that falls on the boundary of two or more properties.
| Protected trees
The Local Authority protects some trees, groups of trees and woodlands by making Tree Preservation Orders (TPOs). This is to preserve the beauty of specific trees and ensure woodland areas are not destroyed.
Leeds has a number of conservation areas (including sections of the city centre). You must have permission from the local authority to carry out any work on a tree under a TPO or in a conservation area. If the tree is dangerous, diseased or dead, you may be allowed to carry out urgent work without permission.
Your Local Authority will be able to tell you if your property is in a conservation area or has TPOs in place. These will often be reported in your local search when you buy your property.
| Steps to address tree-related nuisances
When it comes to tree disputes, no matter your concerns, there are a few steps that you can follow to help smooth matters over and prevent escalation. We recommend that you:
- Identify the ownership of the tree in question by checking where the trunk falls.
- Talk to your neighbour about your concerns and see if you share a consensus.
- Keep evidence of your communications and of the impact that the tree is having.
- Understand your legal rights and only act within them.
- Avoid trespassing or damaging the tree.
- Seek legal advice as soon as possible, and we can advise you on your options.
Our property disputes team can help. Call us on 0800 988 7756 or fill in the enquiry form and our team will call you back.
