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Problems With Neighbouring Trees: Action Guide

By: Abigail Taylor - Updated: 24 Apr 2017 | comments*Discuss
 
Neighbours Trees Neighbour Branches

If your property shares a boundary with a neighbour's property, there are a few aspects of the law (and good neighbourliness) that you need to bear in mind when growing trees/hedges. This guide covers what you need to know and also what you can do if you are having problems with your neighbour's trees.

Cutting back trees

You have a common law right to cut back tree branches that overhang onto your property. It is however always best to discuss with your neighbour about any trees / hedges you wish to cut back before doing so.
  • The law states that any branches cut off belong to the person on whose land the tree originally grew, so you should ask your neighbour if they want them back, or if they are happy for you to dispose of them.
  • Do not just throw trimmings back over the boundary - this could constitute 'fly tipping'. Ask your neighbour whether they would like any trimmings back.
  • Equally any fruit on trees, even if they are growing on branches which overhang your property, still belongs to your neighbour. You are therefore stealing if you pick these for yourself without your neighbours' permission.

Neighbour cut my trees right back

My neighbour recently contacted me to say she was going to get the overhanging branches from the large tree in my garden removed and that some branches may end up in my garden. I said I didn't have a problem with her removing any overhanging branches.

I got up this morning to find that my trees had been basically chopped down. The overhanging branches were indeed removed but right down to the tree trunk! I now have a line of bare tree on my side. I understand that they have a right to cut back to the boundary line but these trees are not on the boundary line - do I have any rights regarding this situation?

  • If you are pruning a neighbours' tree, be careful that you do not damage the tree further back than your boundary.
  • If you damage the tree on their side, they may claim against you for the replacement cost of the tree.
  • Be careful to check if any trees are subject to a preservation order - your local authority will be able to tell you this. If you cut down a tree with a preservation order, you will be guilty of an offence under section 210 or 211 of the Town and Country Planning Act 1990.

Can we invoice neighbour for tree cutting?

There is a 20 metre long fence between us and our neighbour with a wall of fir trees growing on the neighbour's side of the fence. We hired a gardener to trim the fir tree branches back to the border of the fence. Can we send the Invoice received from the gardener to the neighbour?

If you choose to cut down overhanging branches, or trim trees, you will have to pay for the cost of doing so yourself. Try speaking to your neighbour however as you may be able to reach some sort of agreement in relation to any gardening work required, though they are not obliged to contribute to this cost. Note that you are not entitled to access to your neighbour's property to enable you trim the branches on your side of the boundary without their permission.

Ownership of trees

Sometimes you may be unsure who owns the trees causing you concerns or the trees may be part of a shared boundary and you are unsure who is responsible for their maintenance:

Trees that do not belong to anyone?

We have several very large trees surrounding our garden who we have been told do not belong to any one we want them cut down just a small amount who can we get to do this. We have phoned the council but they've not been much help.

Trees that form part of a boundary

The boundary line between our house and our neighbour's is clear and undisputed. It presently consists of a wire fence. However, there are some very tall cedar trees planted many years ago on our neighbour's side of the boundary, but close to it.

These trees are essentially on our neighbour's land so we do not feel we have a responsibility to maintain them. Our neighbour, however, feels they are our responsibility as they form part of the "hedge" line to the left our property when viewed from the front. Who is right?

A tree belongs to whoever owns the property upon which the tree trunk originally grows, even if the branches or roots have begun to spread onto another property. The owner has a duty to maintain this tree so that it does not cause a hazard. Therefore if branches are broken and hanging precariously, the owner should remove these.

If a tree is planted on the border line between properties, you should check your Property Title Documents to see if these give ownership to one property. If not, you both share the duty to maintain the trees, and these should not be cut down without prior consent from both owners. To check your title deeds visit the land registry website or call them on 0844 892 1111.

  • There is no such thing as 'no man's land'. All land and therefore all trees are owned by somebody.
  • If you can't decide by looking at the original Property Deeds who owns a tree, a court will be able to decide for you. However this is an expensive resolution and so it may be better to simply agree ownership between you and your neighbour.

Damage caused by overhanging trees

Council owned trees damaging my property

Adjacent to my house is some green belt land owned by local council. On this land there are some large trees, 3 of which run adjacent to my property. Last year the council agreed to prune back the lower branches of the trees but only up to 20 ft in height. As a result, the branches at the higher level have continued to grow and some of the branches now virtually touch my property.

There are a large number of leaves coming off these trees and causing blockage to guttering etc. I am also concerned about the potential damage if one of these trees fell in the high winds. What legal position do I have?

You cannot force your neighbour to remove overhanging branches or fallen leaves on your property. However if these cause excessive damage, you can sue them for the cost of repair. It is however always better to try to amicably resolve any disputes with your neighbours before resorting to the courts, which is often a long and potentially expensive process - remember you still have to live next to this person, so an amicable solution will often lead to a more comfortable living environment.

If any damage was caused by a tree from your neighbours' property but this was due to 'an Act of God', such as a thunderstorm, any damage was not foreseeable. Your neighbour will not therefore be responsible for this. If any damage caused to your property is severe, you may wish to contact your Buildings Insurance company about this.

  • Falling leaves, fruit, flowers, and pollen are annoying, but you cannot legally ask your neighbour to prevent this or remove any fallen debris.
  • Liability to remove any fallen leaves etc lies with the owner of the Property affected (or the Tenants if they have maintenance obligations which include gardening).
  • Whilst falling leaves etc are annoying, they are not legally a 'nuisance', which has a very specific meaning.

Right to Light

Neighbouring trees blocking our light

A property we are thinking of purchasing has quite a few trees in the back garden which completely block any sunlight. Some could possibly have preservation orders on them. Is there any way we can have these thinned or removed. Does our right to sunlight override that of a preservation order?

The Rights of Light Act 1959 states that if a Property has received daylight for the last 20 years (the minimum prescribed period), they may be entitled to continue to receive that light. This means that if your neighbour builds a large fence or there are large trees which restrict the daylight your Property receives (for example by blocking daylight reaching a window), you may be able to apply to the courts for your daylight to be restored, or for any injunction to prevent a proposed fence being built.

If trees have a Preservation Order, this suggests that the Property does not have a Right to Light, as it will not have had a continuous period of daylight for at least 20 years. Usually the only way you can prune a tree with a Preservation Order is if it has become dangerous.

  • There is no right to direct sunlight, only daylight.
  • Even if you have a right to light, the amount of light is restricted to approximately equivalent to one foot of candlelight - more than most people receive anyway.
  • You do not have any right to a view which is obscured by trees. Equally you have no right to not have a view if trees previously covered an undesirable feature such as a brick wall.

Dangerous Trees

If you are concerned that a tree is diseased or damaged and poses a danger due to having fallen, or being at risk of falling, you should contact the owner of the land on which the tree is growing. If the land belongs to the local council, contact them to request that the tree is cut down or pruned.

If you are unable to contact the land owner or they refuse to take action, contact your local council's Environmental Health Office. The owner is not under any legal duty to take action, but will be liable if a tree they knew to be damaged caused damage to Property or injury to a person.

As prevention is often better than waiting for damage or injury to occur however, the Environmental Health Office may be able to invoke the Local Government (Miscellaneous Provisions) Act 1976 if the tree poses an immediate risk to Property or people. This allows them to serve notice on the land owner to make the tree safe. If they fail to do so, the Environmental Health Office may undertake this work themselves. The land owner would then usually be charged for any gardening required.

More of interest

Sometimes you might need to access a neighbour's property to do essential maintenance on your own...what's allowed and what's not? Read Your rights to access neighbouring land.

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Taylor Wimpy are finishing off a large development in the field behind my garden fence. I have two large trees at rear of garden which overhang into one of the new house's garden. I am sure that the new owners will seek Taylor Wimpy to lop the trees. What is the protocol ? Is it encumbent on Taylor Wimpy to do the work, or do they just let my 'new neighbour' do the lopping ? The trees have been there for over 40 years. I didn't want the field to be developed. Why should I suffer ? Should Taylor Wimpy have covered this in their planning application ? Should they have put the new properties so close to my garden knowing there would be overhanging trees ?
Tone - 24-Apr-17 @ 12:51 PM
I am sick of reading so-called advice from Councils, govt., & others saying that problems between neighbours should be settled by amicable discussion. Many "neighbours" are in fact absentee landlords whose property is managed by agents. Anyway, if neighbours were all reasonable people most of these problems would not arise in the first place. Basically this advice is just passing the buck
Mike - 24-Apr-17 @ 9:48 AM
My neighbour has a very large tree in the front garden of his property close to the boundary.Over the years the tree has grown quite large to the extent that it now completely blocks the first floor bay window of my property and the natural light that comes into the property.In addition the branches are now centimetres away from touching the walls and window of my property and I now have no satelite signal due to the thickness of the foilage.I contacted the owner last summer and received no response.I realise that legally I can trim the tree to the boundary of the property but what other recourse do I have as this will not resolve the matter of the satelite signal?Can I recharge any costs incurred for trimming the tree to the owner?It seems a little unfair that I would have to incurr costs to cover someone elses responsibility.I should point out the property is tenanted and my property is a first floor conversion.
Vinnie - 12-Apr-17 @ 5:34 PM
gteee - Your Question:
When we moved into our house 14 years ago at the back of the garden we could see across fields and the countryside. A few years later a neighbour 6 doors down subsequently purchased the land adjoining the back of all the street's gardens and on doing so planted a range of trees on that land. Directly at the back of our garden and our next door neighbour's there were a range of pine trees planted as saplings. Over the years you don't notice it but now they have become a wall of dark 20-25ft high and I'm sure will continue. Notwithstanding the 'no right to a view' highlighted above, is there anything we are able to do considering they were not there when we moved in and have now become quite obtrusive? Many thanks.

Our Response:
Because they are evergreen, these trees will constitute a "hedge" underAntiSocial Behaviour legislation. The fact that they've all been planted after you moved there may also be in your favour. Here's our guide with more information
ProblemNeighbours - 11-Apr-17 @ 10:46 AM
When we moved into our house 14 years ago at the back of the garden we could see across fields and the countryside. A few years later a neighbour 6 doors down subsequently purchased the land adjoining the back of all the street's gardens and on doing so planted a range of trees on that land. Directly at the back of our garden and our next door neighbour's there were a range of pine trees planted as saplings. Over the years you don't notice it but now they have become a wall of dark 20-25ft high and I'm sure will continue. Notwithstanding the 'no right to a view' highlighted above, is there anything we are able to do considering they were not there when we moved in and have now become quite obtrusive? Many thanks.
gteee - 9-Apr-17 @ 10:38 AM
daclimp - Your Question:
Hello, thanks for this useful article.A neighbour has complained about the large and long-existing tree in my garden, at the edge of the property. A branch is growing over the boundary towards a structure at the rear of his garden where a relative lives - as it continues to grow it will cause damage. It seems within their gift to cut the branch as they see fit. If they ignore it and it (eventually) causes property damage, am I at fault under the law?Many thanks

Our Response:
Of course they can remove the branch - and this would be the best/easiest solution. Talk to them about it, let them know they're entitled to cut it off want to. If it does fall, they should make a claim via their household insurer. If you know the tree is dangerous you can be held liable for the costs of damage, but if you have no reason to suspect this (e.g it's an otherwise healthy tree) you can't usually be held responsible. With large/older trees it's useful to have them inspected periodically by a tree surgeon to be sure.
ProblemNeighbours - 5-Apr-17 @ 12:18 PM
MiMi - Your Question:
The Neighbour backing on to us has a huge Cherry Laurel which he has allowed to grow higher than our adult Silver Birch. The berries and the leaves drop all over our garden and last year our little Grandson came running towards me with a handful of cherries, asking (Thank God) could he eat them. We told him that he must not eat anything from the garden because many berries can make you sick. We have five Grandchildren ranging from the age of 4 to 18 months. Our little Collie was poisoned last year, luckily she survived, the vets bills were horrendous, but at least our girlie was ok. The vet asked did we have any poisonous plants in our garden and at the time I didn't think of the neighbours Cherry Laurel. Saturday, I was moaning to a friend saying how tall the Laurel had grown, she gasped and said "Oh God, they are so poisonous to children and animals!! - They can give them cyanide poisoning".What are my rights concerning all of this? - Can I force them to take it down, if they refuse? (They are very confrontational) Apart from the Laurel monster being poisonous its blocking the light! My honeysuckle and roses refuse to grow and our Silver Birch tree is now starting to ail because there is no light until after 3pm or so.

Our Response:
Unfortunately there is not a great deal you can do here. You can cut back any overhanging branches as far back as the boundary which might help with the fallen berries.
ProblemNeighbours - 4-Apr-17 @ 11:26 AM
Hello, thanks for this useful article. A neighbour has complained about the large and long-existing tree in my garden, at the edge of the property. A branch is growing over the boundary towards a structure at the rear of his garden where a relative lives - as it continues to grow it will cause damage. It seems within their gift to cut the branch as they see fit. If they ignore it and it (eventually) causes property damage, am I at fault under the law? Many thanks
daclimp - 3-Apr-17 @ 11:04 PM
The Neighbour backing on to us has a huge Cherry Laurel which he has allowed to grow higher than our adult Silver Birch. The berries and the leaves drop all over our garden and last year our little Grandson came running towards me with a handful of cherries, asking (Thank God) could he eat them. We told him that he must not eat anything from the garden because many berries can make you sick. We have five Grandchildren ranging from the age of 4 to 18 months. Our little Collie was poisoned last year, luckily she survived, the vets bills were horrendous, but at least our girlie was ok. The vet asked did we have any poisonous plants in our garden and at the time I didn't think of the neighbours Cherry Laurel. Saturday, I was moaning to a friend saying how tall the Laurel had grown, she gasped and said "Oh God, they are so poisonous to children and animals!! - They can give them cyanide poisoning" ... What are my rights concerning all of this? - Can I force them to take it down, if they refuse? (They are very confrontational) Apart from the Laurel monster being poisonous its blocking the light! My honeysuckle and roses refuse to grow and our Silver Birch tree is now starting to ail because there is no light until after 3pm or so.
MiMi - 3-Apr-17 @ 11:06 AM
Sean Furey - Your Question:
My neighbours have a tree at least 60 to 80 feet tall which blocks the sunlight in our garden for several hours when we return home from work. By the time the sun passes the tree it's setting behind my neighbours roof. Having spent many thousands of pounds upgrading my garden I find it most annoying. Is there anything I can do to at least have them have this tree taken down to a decent height where we could at least enjoy some sunshine and a BBQ with friends without being in the shade??

Our Response:
Unfortunately not. There is no real right to light in a garden. You could ask them anyway, they may be willing to do something as a goodwill gesture.
ProblemNeighbours - 30-Mar-17 @ 2:26 PM
My neighbours have a tree at least 60 to 80 feet tall which blocks the sunlight in our garden for several hours when we return home from work. By the time the sun passes the tree it's setting behind my neighbours roof. Having spent many thousands of pounds upgrading my garden I find it most annoying. Is there anything I can do to at least have them have this tree taken down to a decent height where we could at least enjoy some sunshine and a BBQ with friends without being in the shade??
Sean Furey - 29-Mar-17 @ 6:45 PM
My neighbours have some big fir trees - (40' plus) at the bottom of their garden, they have had a 'friend' chop down some one of which fell into my garden and pierced my son's cabin roof as it turned out the guy who chopped them down is on disability benefit and is not a proper tree surgeon and doesn't have public liability insurance. I have asked that he doesn't chop down anymore as he clearly doesn't know what he is doing but he is up the tree today again. The cost of the repair is likely to be in the region of £210 and they have agreed to pay this but I am concerned he may cause further damage. Where do I stand legally??
lucy - 28-Mar-17 @ 3:34 PM
Our house backs on to a field where a large oak tree overhangs both our garden and my neighbours garden. The tree hasn't been pruned in years and blocks any daylight to half our garden causing grass to die. We have contacted the land owners agents who came to view the tree (they had never seen the field before) and their response was that they would not do any maintenance to the tree and felt it was acceptable in its current state and that local residents would object to the tree being maintained. The tree does. It have any protection orders on it and the field is not accessed by the locals it only has an impact on our gardens. Our neighbour then contacted them to request it was cut down and they agreed that it could be pruned to an pre agreed extent but at our expense. Whilst this seems like a step in the right direction can we force them to do it at their cost? The tree will still block sunlight even with pruning as it's so big and wil need maintaining year after year so are we expected to pay for this every time? I also fear it could cause damage to our property if a storm hits. The field is very exposed and wind tears through it. Thanks
Aungie - 24-Mar-17 @ 8:49 PM
Our house backs on to a field where a large oak tree overhangs both our garden and my neighbours garden. The tree hasn't been pruned in years and blocks any daylight to half our garden causing grass to die. We have contacted the land owners agents who came to view the tree (they had never seen the field before) and their response was that they would not do any maintenance to the tree and felt it was acceptable in its current state and that local residents would object to the tree being maintained. The tree does. It have any protection orders on it and the field is not accessed by the locals it only has an impact on our gardens. Our neighbour then contacted them to request it was cut down and they agreed that it could be pruned to an pre agreed extent but at our expense. Whilst this seems like a step in the right direction can we force them to do it at their cost? The tree will still block sunlight even with pruning as it's so big and wil need maintaining year after year so are we expected to pay for this every time? I also fear it could cause damage to our property if a storm hits. The field is very exposed and wind tears through it. Thanks
Aungie - 24-Mar-17 @ 8:48 PM
Nanny - Your Question:
There are some very tall Leylanii trees that are at the bottom of one of our neighbouring gardens which back onto or garden. When the trees were originally planted to form a hedge some 15 years ago an agreement was in place with the then owner of the property that the hedge would always be maintained and would not be any higher than 6ft.However, the property was sold and new owners moved in approximately 10 years ago. The hedge was never maintained by the new owners and got to a height and width pushing our fence over and causing rot both to our fence and pergola, due to lack of light and the area being continually wet/damp.We spoke to the owners of the property who eventually agreed to trim the middle trees but not the two trees at either end of the hedge row. That was approximately 3 years ago. None of the trees/hedge have been maintained since. The two trees at either end have now reached a height which is taller than the surrounding houses and they have grown to such a width that they now meet in the middle and block out any natural light that would help alleviate damp amp and rot.Please can you offer any advice on how to proceed.Thank you.

Our Response:
If you have a copy of the initial agreement, you may be able to use this - assuming the previous owner included the information in the sellers information pack. As these are evergreens, the high hedges legislation might be useful. See our guide here
ProblemNeighbours - 24-Mar-17 @ 12:30 PM
Sarah - Your Question:
Our neighbours substantially grown hedge is bowing over the boundary line onto our driveway, can I legally trim the hedge back to the boundary line and if our neighbour comes onto our property to cut the hedge without permission, is that trespassing?They are not the most pleasant people and would like to know where I stand legally. Thank you very much.

Our Response:
Yes you can cut back any growth as far as the boundary. A neighbour cannot enter your property without permission.
ProblemNeighbours - 22-Mar-17 @ 2:36 PM
There are some very tall Leylanii trees that are at the bottom of one of our neighbouring gardens which back onto or garden. When the trees were originally planted to form a hedge some 15 years ago an agreement was in place with the then owner of the property that the hedge would always be maintained and would not be any higher than 6ft. However, the property was sold and new owners moved in approximately 10 years ago. The hedge was never maintained by the new owners and got to a height and width pushing our fence over and causing rot both to our fence and pergola, due to lack of light and the area being continually wet/damp. We spoke to the owners of the property who eventually agreed to trim the middle trees but not the two trees at either end of the hedge row. That was approximately 3 years ago. None of the trees/hedge have been maintained since. The two trees at either end have now reached a height which is taller than the surrounding houses and they have grown to such a width that they now meet in the middle and block out any natural light that would help alleviate damp amp and rot. Please can you offer any advice on how to proceed. Thank you.
Nanny - 21-Mar-17 @ 4:44 PM
Just - Your Question:
We have a tall conifer tree at the back of our garden which has been there before I moved in over 19 years ago. About 4 years ago they built a block of flats behind our house and now the tennants are complaining that the tree is blocking the signal for their sky dish and blocking the light to the flats which I find amusing as this was one of our concerns when they built the flats ,but it was built anyway.Should they of trimmed the tree back to our border before they built these flats and therefore avoiding any problems arising in the future.The tree is no longer easy to trim as they built a bin store directly below the overhanging tree and increased the height of the boundary wall.Where do I stand as I never had a problem with it before the flats were built.

Our Response:
If it's a single tree (as opposed to a row of two or more evergreens...forming a hedge), they may not be able to do anything about this. Blocking a TV signal is not usually significant reason for having to cut down a tree.
ProblemNeighbours - 21-Mar-17 @ 2:27 PM
Our neighbours substantially grown hedge is bowing over the boundary line onto our driveway, can I legally trim the hedge back to the boundary line and if our neighbour comes onto our property to cut the hedge without permission, is that trespassing? They are not the most pleasant people and would like to know where I stand legally. Thank you very much.
Sarah - 20-Mar-17 @ 11:58 AM
We have a tall conifer tree at the back of our garden which has been there before I moved in over 19 years ago . About 4 years ago they built a block of flats behind our house and now the tennants are complaining that the tree is blocking the signal for their sky dish and blocking the light to the flats which I find amusing as this was one of our concerns when they built the flats ,but it was built anyway.Should they of trimmed the tree back to our border before they built these flats and therefore avoiding any problems arising in the future.The tree is no longer easy to trim as they built a bin store directly below the overhanging tree and increased the height of the boundary wall .Where do I stand as I never had a problem with it before the flats were built.
Just - 18-Mar-17 @ 9:52 PM
Mr P - Your Question:
Our neighbours tree, an extremely large eucalyptus, grows very close to the boundary/fence-line. Lately the base of the tree has swollen and , possibly due to recent high winds, has lifted our fence posts and put the fence out of line. The roots of the tree also appear to extend some way across our garden just under the surface of our lawn. I am concerned that the growth of the roots may interfere with a soakaway that was installed in out garden a number of years back and may prevent us in proceeding with any plans in the future we may have to improve our garden/lawn. As the roots have encroached quite substantially into our lawn and the fence will need to be repaired/straightened what would be the best course of action? Assuming the first step would be to simply have a discussion with the neighbour, what could I do next if they didn't want to cooperate?

Our Response:
You are entitled to cut back any roots that encroach on your property (as long as this doesn't damage the tree). It might be worth getting a professional (surveryor similar) to establish the extent of any damage so far and potential for future damage. You might find it's not as serious as you expected. If you want to claim costs or force them to cut down the tree, the civil courts are the place to do it.
ProblemNeighbours - 17-Mar-17 @ 11:07 AM
Our neighbours tree, an extremely large eucalyptus, grows very close to the boundary/fence-line. Lately the base of the tree has swollen and , possibly due to recent high winds, has lifted our fence posts and put the fence out of line. The roots of the tree also appear to extend some way across our garden just under the surface of our lawn. I am concerned that the growth of the roots may interfere with a soakaway that was installed in out garden a number of years back and may prevent us in proceeding with any plans in the future we may have to improve our garden/lawn. As the roots have encroached quite substantially into our lawn and the fence will need to be repaired/straightened what would be the best course of action? Assuming the first step would be to simply have a discussion with the neighbour, what could I do next if they didn't want to cooperate?
Mr P - 15-Mar-17 @ 2:26 PM
Hi my mother has a tree that is causing damage to her patio which belongs to a neighbors how does she stand legally in getting this cut down and resolved
Bad boy - 12-Mar-17 @ 8:47 PM
We have an ecofascist German neighbour who has a totally out of control garden. Whilst I do not care about that, what I do care about is the increasing effect those trees have on our ability to grow vegetsbles. There are pine trees on the fence boundary which grow 3-4 feet a year which completely blocks out the mid day sun from about mid August through to mid April snd with the trees growing it is getting worse each year. The effect on our vegetable patch is profound, as any idiot knows that no matter how well you garden, without sunlight you might as well give up. Is there a legal way to stop this selfish German from destroying our enjoyment of gardening?
NWL gardener - 7-Mar-17 @ 4:01 PM
Hello.my neighbour has a mountain ash tree on her side of the boundaries fence.its roots have lifted and displaced a lot of my flag stones. She has known of this for over a year and will not do anything.what can I legally do
Trio - 2-Mar-17 @ 1:41 PM
Kipper - Your Question:
We moved into a new house last May built on land sold off by the builder and owner of the next door property. That property was also sold in 2015. There is a very imposing scots pine tree in the front garden overhanging our garden. This tree is shedding pine needles all the time. We are probably clearing a dustbin refuse sack each week of the brown needles. They have also blocked many of the gutters and down pipes which we are having to pay to have cleared next month. The neighbour has had a significant number of the lower branches removed leaving a very top heavy tree which we wonder about. Is it possible that this has been damaged causing the incessant needle drop. We are having to spend a fair bit of time clearing tree debris and money in disposal of the waste and clearing our gutters. Where do we stand please?

Our Response:
There's not a great deal you can do about this. If the tree is diseased and the owner is aware of it however, they can be held liable for any damage done to your property. Dropped needles, however, would not be considered major damage. Have you spoken to the neighbours about the tree? Are they willing to get it cut down? Perhaps you could offer to contribute?
ProblemNeighbours - 1-Mar-17 @ 12:45 PM
We moved into a new house last May built on land sold off by the builder and owner of the next door property. That property was also sold in 2015. There is a very imposing scots pine tree in the front garden overhanging our garden. This tree is shedding pine needles all the time. We are probably clearing a dustbin refuse sack each week of the brown needles. They have also blocked many of the gutters and down pipes which we are having to pay to have cleared next month. The neighbour has had a significant number of the lower branches removed leaving a very top heavy tree which we wonder about. Is it possible that this has been damaged causing the incessant needle drop. We are having to spend a fair bit of time clearing tree debris and money in disposal of the waste and clearing our gutters. Where do we stand please?
Kipper - 27-Feb-17 @ 8:23 PM
AL - Your Question:
Our neighbours have a very tall tree that stands right against our boundary fence at the end of our (short) garden. It is now getting extremely wide and tall and in the summer it's blocking out all sunlight from 4pm onwards. There are very large branches right at the top of the tree that overhang our garden, which I would be happy to pay to have chopped down, however we can only access them by a tree feller climbing up the tree trunk, which our neighbours say they can't do as the trunk is on their land. What is the law in this circumstance? Thank you.

Our Response:
Unfortunately if the neighbour will not allow you access there's not much you can do without resorting to the courts.
ProblemNeighbours - 27-Feb-17 @ 11:16 AM
Our neighbours have a very tall tree that stands right against our boundary fence at the end of our (short) garden. It is now getting extremely wide and tall and in the summer it'sblocking out all sunlight from 4pm onwards. There are very large branches right at the top of the tree that overhang our garden, which I would be happy to pay to have chopped down, however we can only access them by a tree feller climbing up the tree trunk, which our neighbours say they can't do as the trunk is on their land. What is the law in this circumstance? Thank you.
AL - 24-Feb-17 @ 3:02 PM
We have recently cut down a Copper Beech tree from our graden which is near the boundary with our neighbour. They have suggested that we should pay for the removal of any roots that have encroached on their property. Are we legally obliged to do so?
G - 20-Feb-17 @ 10:45 AM
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