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Problems With Neighbouring Trees: Action Guide

By: Abigail Taylor - Updated: 24 Mar 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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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 @ 8:49 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
davy - Your Question:
I have a number of trees growing in my garden forming a screen preventing my 3 neighbours overlooking my garden. The trees are on the southern boundary of my neighbours property and will cause shade within their garden. They have, without my knowledge, cut off overhanging branches (which I accept they are entitled to do) but have thrown the cuttings onto my property without my consent (which I think they are not entitled to do). I've now been asked to prune / remove the tops of the tree that they cannot access from their land. The branches are some distance from the house and do not risk damaging any roof / gutter and are not hazardous. Am I correct that I am not legally required to cut / prune trees at my neighbours request, that they cannot access my property i.e cut down anything on my side, and my liability is to prevent any hazard / damage to their property which I endeavour to do?

Our Response:
Yes you are correct. You are under no obligation to cut the tops of the trees and your neighbour cannot access your property to do so either. The neighbours should "offer" you any branches that they cut off on their side - not simply throw them back.
ProblemNeighbours - 17-Feb-17 @ 12:21 PM
Hi looking for some advice, my property is south facing and a few years ago the council planted a number of trees at the back of our property, I was told at the time they were slow growing & wouldn't be large trees, two of them are now away above the height of my house & are causing me a few problems, I recently replaced decking & built a new summerhouse last summer due to the damage caused by leaf fall & lack of light into my garden when the trees are fully leafed, my decking doesn't dry out which causes it to go black, the council have refused to top the trees, have only agreed to prune the lower branches, it's the height & width that's the problem!! Any advice on where I stand? I can't afford to re do my garden every year, thanks
Lynnes1980 - 16-Feb-17 @ 3:40 PM
Reg - Your Question:
My neighbour has a very large tree on his property which overhangs ours.It has a TPO in place. It is very large and whilst it appears sound it is a Monteray Pine which is not long lived. There is a slight lean towards our house and I am concerned that if a branch should fall there could be severe damage and if the whole tree should fall there could be catastrophic damage to life and property. What steps can I take to protect ourselves and our property; what are the responsibilities of the tree owner and the duties of the local council.

Our Response:
You should ask the tree owner and the council's tree preservation officer to inspect the tree for safety etc. If the tree owner is aware it poses a potential danger, they should take action (in this case with permission of the Tree Preservation Officer). If they are aware of any danger and do not take action, they can be held liable for damages.
ProblemNeighbours - 16-Feb-17 @ 12:22 PM
Keefer. - Your Question:
I've lived in my present house for nearly seven years. When we moved in the tree in the next door front garden was no more than ten feet tall. As you can imagine the tree is somewhat larger now and overhangs my property by approximately 1.5 metres and is 2 metres from my window. This blocks my view and light. My neighbour had a tree surgeon round to cut the top off the tree. When I suggested I'd like the tree cut back to the boundary I was told the tree was there before I moved in, I was being unneighbourly and they wanted to keep the shape of the tree, cutting back could possibly kill it. I know I'm within my rights to have the tree cut to the boundary, also Right to light Act 1959, but what would happen in the unlikely event it did die? Many thanks. K

Our Response:
The right to light probably wouldn't apply here. You are entitled to cut the branches back to the boundary. If you seek advice from a tree surgeon, they'll be able to tell you the chances of the tree actually dying. Your neighbour might hold you responsible for the damages but if you've sought professional advice, it will be more difficult for them to prove.
ProblemNeighbours - 16-Feb-17 @ 11:49 AM
Twokids - Your Question:
Our garden and house is currently protected (by large leilandi trees) from sound and light pollution, the source of this is a pertrol station. The trees also provide our garden and home with privacy. These trees are not on our boundary as another garden runs at right angles to the rear of ours and shares the boundary with the petrol station. Our neighbour is planning on taking the trees down by a third - approximately 1.5 metres which will means that lights from the garage will affect the rear of our house and people at the petrol station will be able to see into our home. Do we have any rights to prevent this happening?

Our Response:
Unfortunately not, a tree owner can do as he/she chooses with their own trees unless a TPO is place (unlikely if they are leylandii)
ProblemNeighbours - 16-Feb-17 @ 11:45 AM
I have a number of trees growing in my garden forming a screen preventing my 3 neighbours overlooking my garden. The trees are on the southern boundary of my neighbours property and will cause shade within their garden. They have, without my knowledge, cut off overhanging branches (which I accept they are entitled to do) but have thrown the cuttings onto my property without my consent (which I think they are not entitled to do). I've now been asked to prune / remove the tops of the tree that they cannot access from their land. The branches are some distance from the house and do not risk damaging any roof / gutter and are not hazardous. Am I correct that I am not legally required to cut / prune trees at my neighbours request, that they cannot access my property i.e cut down anything on my side, and my liability is to prevent any hazard / damage to their property which I endeavour to do?
davy - 16-Feb-17 @ 10:29 AM
My neighbour has a very large tree on his property which overhangs ours.It has a TPO in place. It is very large and whilst it appears sound it is a Monteray Pine which is not long lived.There is a slight lean towards our house and I am concerned that if a branch should fall there could be severe damage and if the whole tree should fall there could be catastrophic damage to life and property. What steps can I take to protect ourselves and our property; what are the responsibilities of the tree owner and the duties of the local council.
Reg - 15-Feb-17 @ 8:15 PM
I've lived in my present house for nearly seven years. When we moved in the tree in the next door front garden was no more than ten feet tall. As you can imagine the tree is somewhat larger now and overhangs my property by approximately 1.5 metres and is 2 metres from my window. This blocks my view and light. My neighbour had a tree surgeon round to cut the top off the tree. When I suggested I'd like the tree cut back to the boundary I was told the tree was there before I moved in, I was being unneighbourly and they wanted to keep the shape of the tree, cutting back could possibly kill it. I know I'm within my rights to have the tree cut to the boundary, also Right to light Act 1959,but what would happen in the unlikely event it did die? Many thanks. K
Keefer. - 15-Feb-17 @ 4:02 PM
Our garden and house is currently protected (by large leilandi trees) from sound and light pollution, the source of this is a pertrol station. The trees also provide our garden and home with privacy.These trees are not on our boundary as another garden runs at right angles to the rear of ours and shares the boundary with the petrol station. Our neighbour is planning on taking the trees down by a third - approximately 1.5 metres which will means that lights from the garage will affect the rear of our house and people at the petrol station will be able to see into our home. Do we have any rights to prevent this happening?
Twokids - 15-Feb-17 @ 3:34 PM
We have been away from home for a month now. Our gardener went to our house and noticed that the three thuja trees in front of our house that separated our drive way from our neighbour's and was planted on our land more than 20 years ago, have been cut down. We were not asked permission for this job to be carried out what so ever and came out of the blue. The two trees at the two sides of that row of thuja trees that went missing are still there looking out of place now. We are really shocked about this and would like to know what can we do.
Di - 9-Feb-17 @ 6:01 AM
Lin - Your Question:
We live in a conservation area & are obliged to notify the council before doing any tree works in our garden. Does this obligation extend to notifying the council before trimming back overhanging branches from our neighbour's trees?

Our Response:
It may do, especially if the trees in your own garden are subject to this condition. Speak to your neighbours and to the council's conservation officer before going ahead, just to be sure.
ProblemNeighbours - 8-Feb-17 @ 12:15 PM
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