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Problems With Neighbouring Trees: Action Guide

By: Abigail Taylor - Updated: 23 May 2018 | 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.
  • 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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[Add a Comment]
At the bottom of our garden, on the other side of our fence, are some trees which I would say are over 30 metres tall, in some woodland (council planted them, I assume).About 10 years ago a neighbour managed to get the council to trim them a bit, but now they've grown again, and light is very poor in our property.I asked the council about 3 years ago to look at this again but they never got back to me.I've contacted them again today by web form, but wondered, what are my rights?Most importantly I am very concerned they will reach our property if they should fall.
fred - 23-May-18 @ 3:40 PM
BoomBoom - Your Question:
We have legal access over our neighbours drive, a piece of which only provides access to our home. The drive belongs to them but the house we own has had access since the mid 1970's over the drive. After recent events and constant bullying from our neighbours, they have let the trees, vegetation and bushes grow over the drive to the point where it is making it more and more difficult to pass and gain access to our home. They have also installed a gate over the piece of drive that accesses our home only which is agricultural and causes huge issues when people visit as they have to get out and manually open the gate which provides no benefit to anyone other than hinder our access causing distress to our family and not allowing us to enjoy our home. The neighbours constantly walk down to the gate which is 100 yards from their home and shut the gate regularly. Can we get the trees trimmed back to the useable width of the drive as it is stopping many services delivering to our home as is the gate, which they installed it within the last 18 months without any consultation. Any guidance would be appreciated.

Our Response:
You'd be better to seek professional legal advice on this as we don't know the terms of your access etc.
ProblemNeighbours - 23-May-18 @ 2:56 PM
BettyB - Your Question:
We have moved into a house with several old fruit trees which border a neighbours garden. He wants overhanging branches removed because leaves are falling on his side. Previously a tree surgeon made a botched job of cutting tree limbs and now I am worried that cutting down limbs and branches in the month of May will kill the already fragile tree, what can I do? My neighbour is not interested in the condition of the tree he just wants the branches and limbs on his side cut away.

Our Response:
You are under no obligation to cut back branches that overhang your neighbour's property simply because leaves are falling into his garden. See the section in the above article entitled "Damage caused by overhanging trees" - you'll see that "Falling leaves, fruit, flowers, and pollen are annoying, but you cannot legally ask your neighbour (the tree owner) to prevent this or remove any fallen debris".
ProblemNeighbours - 23-May-18 @ 10:09 AM
Lyndz - Your Question:
Our neighbours have a Laburnum tree just offset from the natural boundary line in their garden. Every year, the seeds and pollen from their tree blow into our garden and sit on top of the grass and acros the kids toys. We now have a child under one and are concerned due to the toxicity of this trees seeds if ingested. We have offered to have the tree taken down or chopped back to prevent this and ensure our garden is safe for our children , at our own expense, but they have declined. Wat can we do if anything?!

Our Response:
You can't really do anything apart from cutting back any overhanging bracnches as far as your boundary and keeping a close eye on your children.
ProblemNeighbours - 22-May-18 @ 3:23 PM
JD - Your Question:
My neighbour has a tree which I wouldn't even like to guess the height off which is dropping leaves and flowers etc into the garden off my property. My son is autistic and eats what falls off the trees. Our garden has no resin bond and articial grass for his safety but this is proving a real problem. Help!

Our Response:
Unfortunately there is not much you can do about this apart from keeping a regular eye on your child and clearing the leaves/flowers up frequently. You are entitled to cut back any overhanging branches as far as your own boundary if that will help the situation.
ProblemNeighbours - 22-May-18 @ 3:02 PM
We have legal access over our neighbours drive, a piece of which only provides access to our home. The drive belongs to them but the house we own has had access since the mid 1970's over the drive. After recent events and constant bullying from our neighbours, they have let the trees, vegetation and bushes grow over the drive to the point where it is making it more and more difficult to pass and gain access to our home. They have also installed a gate over the piece of drive that accesses our home only which is agricultural and causes huge issues when people visit as they have to get out and manually open the gate which provides no benefit to anyone other than hinder our access causing distress to our family and not allowing us to enjoy our home. The neighbours constantly walk down to the gate which is 100 yards from their home and shut the gate regularly. Can we get the trees trimmed back to the useable width of the drive as it is stopping many services delivering to our home as is the gate, which they installed it within the last 18 months without any consultation. Any guidance would be appreciated.
BoomBoom - 22-May-18 @ 5:11 AM
lightmatters - Your Question:
When we bought a house with clear views of a park in London we did not know that the gardener for the council had planted a Turkish Hazel hidden on the other side of our garden wall, little more than a foot away. The tree can grow to 25 m, is known to be extremely dense and blocks out all light. Our view, sunlight and the value of the property are all being ruined within six years of being here. We have requested, with our neighbours that it be pruned regularly or removed and replaced with a smaller more appropriate tree - we even offered to cover the cost. H and F council says it makes regular checks but that it is not willing to do anything about it now and is within its legal rights. What about our rights to sunlight, view and value of all our properties? This tree was deliberately planted, not nature made, and for many, many years there was a clear view. What rights do we have, if any? The value of the property alone hinges largely on having clear park views - no more. This is not a simple case of removing overhanging branches, although there are some already, the density of the tree is such that even trimmed it blocks out all light.

Our Response:
You don't have a right to a view and similarly there are no laws about property value that may be affected by trees. If your property has benefited from full unrestricted daylight for more than 20 years and this tree has only recently been planted, there is a chance you might be able to take action but remember it applies to daylight only....there is no right to direct sunlight. Even though you have a right to light, the amount of light is restricted to approximately equivalent to one foot of candlelight. 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.
ProblemNeighbours - 18-May-18 @ 12:05 PM
when we bought a house with clear views of a park in London we did not know that the gardener for the council had planted a Turkish Hazel hidden on the other side of our garden wall, little more than a foot away. The tree can grow to 25 m, is known to be extremely dense and blocks out all light. Our view, sunlight and the value of the property are all being ruined within six years of being here. We have requested, with our neighbours that it be pruned regularly or removed and replaced with a smaller more appropriate tree - we even offered to cover the cost. H and F council says it makes regular checks but that it is not willing to do anything about it now and is within its legal rights. What about our rights to sunlight, view and value of all our properties? This tree was deliberately planted, not nature made, and for many, many years there was a clear view. What rights do we have, if any? The value of the property alone hinges largely on having clear park views - no more. This is not a simple case of removing overhanging branches, although there are some already, the density of the tree is such that even trimmed it blocks out all light.
lightmatters - 17-May-18 @ 10:02 AM
We have moved into a house with several old fruit trees which border a neighbours garden.He wants overhanging branches removed because leaves are falling on his side.Previously a tree surgeon made a botched job of cutting tree limbs and now I am worried that cutting down limbs and branches in the month of May will kill the already fragile tree, what can I do?My neighbour is not interested in the condition of the tree he just wants the branches and limbs on his side cut away.
BettyB - 16-May-18 @ 10:14 PM
Our neighbours have a Laburnum tree just offset from the natural boundary line in their garden. Every year, the seeds and pollen from their tree blow into our garden and sit on top of the grass and acros the kids toys. We now have a child under one and are concerned due to the toxicity of this trees seeds if ingested. We have offered to have the tree taken down or chopped back to prevent this and ensure our garden is safe for our children , at our own expense, but they have declined. Wat can we do if anything?!
Lyndz - 16-May-18 @ 6:30 PM
My neighbour has a tree which I wouldn't even like to guess the height off which is dropping leaves and flowers etc into the garden off my property. My son is autistic and eats what falls off the trees. Our garden has no resin bond and articial grass for his safety but this is proving a real problem. Help!
JD - 16-May-18 @ 2:58 PM
DaveTT - Your Question:
Hi, our neighbor has knocked round asking us to cut back our conifers branches that hang over her side, no reason for this really, it’s not blocking light or causing any damage, She asked for it to be cut back to the line of the fence up to her fence, at the door I agreed not realising what was involved, when I’ve come to the back garden to look at the tree and it’s apparent that if I am to cut them back to the fence line, it will take nearly a quarter of the tree off and leave no greenery on her side, just cut branches and bareness. I’m happy to trim it back a bit but reluctant to cut it back to the fence line. Where do I stand on this?

Our Response:
You are not under any obligation to cut back the branches although your neighbour can do so. If your neighbour does choose to cut back the branches and the tree is damaged you can take action to recover any costs associated with its removal or replacement. Please see the article above for more information.
ProblemNeighbours - 16-May-18 @ 2:44 PM
Hi, our neighbor has knocked round asking us to cut back our conifers branches that hang over her side, no reason for this really, it’s not blocking light or causing any damage, She asked for it to be cut back to the line of the fence up to her fence, at the door I agreed not realising what was involved, when I’ve come to the back garden to look at the tree and it’s apparent that if I am to cut them back to the fence line, it will take nearly a quarter of the tree off and leave no greenery on her side, just cut branches and bareness. I’m happy to trim it back a bit but reluctant to cut it back to the fence line. Where do I stand on this?
DaveTT - 15-May-18 @ 7:24 AM
John - Your Question:
Some years ago our neighbour built a large out house within a metre of the boundary. As part of this construction they built a retaining wall in concrete block. this now defines the boundary. Since then a specimen tree on my property has matured and it's root system is tight against the retaining wall (probably). The tree was planted before my neighbour built their out building. they are now requesting that I remove the tree. The tree is quite large and quite a feature in my garden and I'd rather keep it. What are my liabilities bearing in mind the tree preceded the building? I'm not sure that there is any damage to the retaining wall.

Our Response:
Ask your neighbours to get a surveryor to look at it if they're concerned. Your tree was in effect "there first" and your neighbours should really have factored this in when constructing their outhouse. See this useful article from In brief - for more information on tree roots
ProblemNeighbours - 9-May-18 @ 2:13 PM
Some years ago our neighbour built a large out house within a metre of the boundary. As part of this construction they built a retaining wall in concrete block. this now defines the boundary. Since then a specimen tree on my property has matured and it's root system is tight against the retaining wall (probably). The tree was planted before my neighbour built their out building. they are now requesting that I remove the tree. The tree is quite large and quite a feature in my garden and I'd rather keep it. What are my liabilities bearing in mind the tree preceded the building? I'm not sure that there is any damage to the retaining wall.
John - 8-May-18 @ 8:48 PM
there is a care home behind my house with 2 conifer trees bigger than my house blocking the sunlight in the afternoons and causing my kitchen to be dark as well what can i do about this
hixy - 7-May-18 @ 10:28 PM
Hi,we live in a cul-de-sac of bungalows. All have long front gardens & drives. All were built 21 yrs ago & the developers planted trees in each front garden. All the neighbours except us are retired & have removed the trees & lawns for ease of maintenence. About a yr ago next door decided he hated our tree & demanded we remove it. He even employed a tree surgeon without asking us & offered to replace the tree with a shrub he thought was suitable ! Neighbour objects to birds sitting in the tree as they then poop on his drive & says the tree roots are damaging his drive. Our drive is closer & there is no damage. Tree surgeon was lovely much to the neighbours disgust. He suggested a root barier but the neighbour refused saying they didn't want thuer shrubs disturbing ! The tree is a silver birch,approx 25ft tall in the middle of a lawn at least 50ft from the neighbours property which is set further back from ours. Both properties are detached. Over the last few months at night,the tree has been continually vandalised with branches cut off & thrown on our lawn. Definately cut,not blown down. We resorted to installing CCTV cameras & sent all our neighbours notes saying politely that we wouldn't hesitate to prosecute &/or name & shame ! Unsuprisingly the damage stopped. Today I've recieved a letter from the neighbour telling me I have 14 days to resolve the issue with the roots trespassing under his garden or he will sue us ! I have no doubt he will as he has been feuding with other neighbours for years & once told us previous neighbours had thrown eggs at his house & put dog mess through his door !! I wouldn't stoop to that but I can understand how overjoyed they were when he moved house ! There are no branches overhanging his garden. I did have a word with the parish council when all this started & they said to tell him to go to them so they could add his name to the long list of other miserable old devils who have nothing to do all day but look out their windows & imagine problems with other peoples gardens. Help please !
Sarah - 1-May-18 @ 6:54 PM
Steve - Your Question:
My neighbour has been round to ask me/tell to trim branches over hanging his garden as his dogs are eating the branches.Can he legally enforce this request.IE threaten me with vets bills etc?

Our Response:
No you are not obliged to remove them. Your neighbour can cut back any branches as far as the boundary if he/she chooses and they have to "offer" you the branches back (but you don't have to accept them).
ProblemNeighbours - 30-Apr-18 @ 11:54 AM
Mandi- Your Question:
My mums neighbour s have let what use to be shrubs grow into trees the neighbors before would keep them same height as fence but they are huge iam worried about the roots of a tree that is now huge can we ask them to take it back down to original size it doesn’t bother them as it’s at the bottom of there garden You

Our Response:
What part of the property do you think the roots will afffect exactly? Shrub roots are not often an issue and with tree roots it depends upon the age, depth and spread of the roots. Ask an arboriculturalistand/or surveryor to take a look at the shrub/tree to give you a professional report on the likelihood of any damage. If there is already damage, you can claim against the neighbour. Unfortunately for your mother, one can't really force a tree or shrub owner to cut it down the basis of a future "worry" that may not actually occur.
ProblemNeighbours - 30-Apr-18 @ 11:32 AM
My neighbour has been round to ask me/tell to trim branches over hanging his garden as his dogs are eating the branches......Can he legally enforce this request....IE threaten me with vets bills etc?
Steve - 28-Apr-18 @ 12:35 PM
My mums neighbour s have let what use to be shrubs grow into trees the neighbors before would keep them same height as fence but they are huge iam worried about the roots of a tree that is now huge can we ask them to take it back down to original size it doesn’t bother them as it’s at the bottom of there garden You
Mandi - 28-Apr-18 @ 1:43 AM
Hi Our neighbour has a sort of junkyard / dog kennel behind our fence at the end / back of our relatively small garden (30ft). Just behind out fence there is a number of selfseeded trees. When we moved in 4 years ago most of those were all relatively thin, just looking like tall jack the bean stalk weeds really. However now they are turning into big trees!!! Big tall maple trees. It’s at least 20-50 of them all cramped together. Neighbour is of course not really looking after them, or pruning them. it’s at the crappy bit at the end of his garden. My worry is that with time their crowns will over shadow the whole of my garden. I have tried to prune what I can on our side of the fence - but they are too tall to cut the top bit off. Could you force him to cut them down - claiming ‘right to light’? It is getting darker each year. We are in London so its not exactly the green belt -:)
Cecilia Sylvan Marti - 27-Apr-18 @ 5:33 PM
Brizee - Your Question:
HelloI am a director of a block of flats and our neighbour has recently employed a tree surgeon to cut back branches of OUR tree. We obviously don’t have any objections BUT she told the surgeon to throw the thick branches over the fence without any conversation. Is she within her rights or could this constitute a form of fly tippingRegards

Our Response:
No, a neighbour should "offer" the branches to the tree owner but should not simply throw them back.
ProblemNeighbours - 27-Apr-18 @ 3:25 PM
A tree in our back garden is growing against a neighbour's extension and she has asked if it can be trimmed or removed. She is also worried the roots might be damaging her foundations. We are willing to trim, even remove, the tree. Just wondering about the roots and who should pay for any action here as the tree was in place before the extension was built?
Stew - 26-Apr-18 @ 9:28 PM
Hello I am a director of a block of flats and our neighbour has recently employed a tree surgeon to cut back branches of OUR tree. We obviously don’t have any objections BUT she told the surgeon to throw the thick branches over the fence without any conversation. Is she within her rights or could this constitute a form of fly tipping Regards
Brizee - 25-Apr-18 @ 4:01 PM
Worried - Your Question:
Hello,I moved into my current house over 2 years ago. About 4-6 months ago someone new bought the house next to mine (via private sale). The other day the new neighbour approached me saying that there is a large crack in his garage wall as well as broken ground on the garage floor and drive way which he claims is caused by roots from my trees. We have agreed to set a mutual time to review the damage caused.My question is, am I liable to repair the damage to his garage and drive if it is my trees that caused the issue; even though he purchased the property in this state?When he purchased the property; surely he would have seen the damage to the garage or would have known about it (possibly highlighted on some surveyors report, etc.) prior to purchassing. I dont have any issues with removing the tree(s) he says are the cause; but where do I stand legally. can he also claim costs from me to repair his garage/drive (even though the damage existed before he bought the property)?Any help/thoughts would be gratefully received.

Our Response:
Tell the neighbour to check their surveyor's report from when they purchased the property as it's only 4 to 6 months since purchase. If you only bought your house 2 years ago, did your surveyor or purchase details mention anything about the trees? Really it would be up to your neighbour to try and pursue damages - you might be advised to seek help from a legal professional.
ProblemNeighbours - 25-Apr-18 @ 3:38 PM
Hello, I moved into my current house over 2 years ago. About 4-6 months ago someone new bought the house next to mine (via private sale). The other day the new neighbour approached me saying that there is a large crack in his garage wall as well as broken ground on the garage floor and drive way which he claims is caused by roots from my trees. We have agreed to set a mutual time to review the damage caused. My question is, am I liable to repair the damage to his garage and drive if it is my trees that caused the issue; even though he purchased the property in this state? When he purchased the property; surely he would have seen the damage to the garage or would have known about it (possibly highlighted on some surveyors report, etc.) prior to purchassing. I dont have any issues with removing the tree(s) he says are the cause; but where do I stand legally .. can he also claim costs from me to repair his garage/drive (even though the damage existed before he bought the property)? Any help/thoughts would be gratefully received.
Worried - 23-Apr-18 @ 8:11 PM
Our village has no mains drainage. All septic tanks. A neighbour has planted a line of birch and pine trees 12" from 5 houses boundary..all the trees are on the red list for septic tanks due to root damage. They should be no closer than 50ft. Mine is 15ft and some of the 5 houses 6ft away from their tanks.. I'm sure the trees were planted delibratly to cause problems and distress. If I apply a chemical to kill the roots but it kills the trees. He's threatened me with court. What do you suggest ?
Dogsbody - 22-Apr-18 @ 10:52 PM
Hi, I have right behind my boundary a 12+ metre high pine tree and next to it several cherry trees. All are part of next door's property which is a block of flat. My wall is cracking has these are pushing against it and it's bending towards my garden, all trees are covering most of my shed, all my border (along the wall) (rain can't access my plants) and soon the top and high branches of the fir tree will be over my rotary washing drier which is few metres away from the wall. I've contacted the owner of the block and hence the trees, also invited him to visit my garden so he could see for himself why they are an issue. 3 years ago I had them all cut right back up to my boundary, but tree surgeons are now saying that it would expose the pine tree too much, and really, as it's outgrown it's space, sandwiched in a metre square space between my boundary and their owner placing one on his side, the pine tree should be removed. What can I do if he refuses to deal with his trees? (he gave me permission to do it at my own cost, but 1 they're not my trees 2 it will cost over £1000) so far I don't think he has visited them as he said he would, he also asked to receive shots from the trees from both sides, which I sent in february. Since no news...
Alex - 21-Apr-18 @ 3:16 PM
Eddy - Your Question:
Hi we have a conifer hedge it's been there years a developer bought the land at the other side of the hedge and built 3 storey houses I now look at a gable end with my hedge in front the new neighbour purchased the house knowing of the hedge he has cut it back on my land so it's now sparse and light can be seen through it we had a conifer that was at least 100 foot obscuring his light so we removed last year as a neighbour good will gesture iv never met him in the few years he's lived there untill I requested he stop cutting as it was my hedge he's disregarded my request and luckily the police are having a word with him but how do I stand as to cut height as the hedge was there before development ? I'm more upset at the nesting robin's whose nest he's removed in cutting on our land also he's had an extension and we never got asked for planning approval which takes up most of his garden our hedge is the same height as my semi detached neighbour there is a fence on the boundary and my trees are within my land as the fence is mine as I have a concise survey of my house and land

Our Response:
Your neighbour can only cut back growth that is overhanging their side of the boundary - and cannot take any of the height from the tree. You could take action in the courts for damages or an injunction to prevent the neighbour from cutting more than his common law rights allow?
ProblemNeighbours - 20-Apr-18 @ 12:42 PM
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