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Problems With Neighbouring Trees: Action Guide

By: Abigail Taylor - Updated: 19 Sep 2020 | 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]
My neighbor has a very large apple right next to my fence.The apples that fall from the tree are very large and I can't put anything in the area as pot plants etc are likely to be damaged.I have previously arranged for the branches to be cut back on my side but my neighbors had no interest in contributing to the costs.The problem is the branches are so high and when it's windy the apples constantly fall into my garden.Is there really nothing I can do about this?
Ihateapples - 19-Sep-20 @ 4:00 PM
So many of these comments and questions are exactly the same situation that we are in!
PamT - 28-Aug-20 @ 5:10 PM
Contacted neighbour 3 times regarding overhanging conifers. We now have squirrels in loft and £280 pest control bill. How can I make neighbours cut trees and can I reclaim my money?
AJ - 26-Aug-20 @ 4:06 PM
behind my house are five appartments owned by a housing association.Due to the extra storey on these houses and the close proximity; it is possible to see right into my house. There are trees dividing these properties but the housing association are now cutting them back despite complaints from me and my neighbours. The original design for these houses was build back sides forward and the trees were planted to afford privacy. Why at the time of looking to get planning permission for the back sides forward houses was privacy a consideration, but not now? If there anything can be done to prevent them doing this in the future? Many Thanks
Jac - 21-Aug-20 @ 10:46 AM
Our neighbour has a large tree which overhangs the rear of our garden and the pigeon population defecates directly into our children’s play area. We have to clean the swings and slides before the children use them and the trampoline (which is in the middle of the garden away from the tree) is also routinely covered in excrement due to the birds coming and going. The problem has got worse more recently and I’ve had to fence off a section of the play area due to a few incidents where the children have got excrement all over themselves. Frankly, it’s a health hazard. Despite all this, my neighbours are not interested in pruning their tree and don’t see it as their issue. They have said we are welcome to trim any branches on our side but they do not want any “boots on their land“ from tradesmen etc. However the tree is twice the size of the house and even the lowest branches aren’t accessible so I’m slightly stuck. Their other neighbours paid £400 a few years ago for a tree surgeon who managed to access the tree from their side but the specialist said he could only do so much as he didn’t want to imbalance the tree by trimming too much on one side. Also, I feel aggrieved at the prospect of paying to maintain someone else’s property. Do I have any ability to essentially force my neighbours to trim back their tree? Help!
Stoory - 16-Aug-20 @ 7:02 PM
Hi I am currently living in a housing association house my neighbour had brought the property her conifer trees are huge taking over the phone wires and now creeping around 4 or 5 foot Into my garden ? I reported this to environmental health to which they replyed I could cut them I’m a single women 5 ft the trees are about 15 to 20 foot tall Is this my responsibility? Or the neighbours i am on low wages why should I pay to have these cut ? Would appreciate some help here please
Shorty - 14-Aug-20 @ 8:22 AM
We have a large silver birch planted by our neighbours next to our fence In the autumn our garden is covered in withered leaves which I cannot clear up as I am 83 and have poly myalgia rheumatica. The roots are under our Lawn and flower bed. What can I do ?
John - 11-Aug-20 @ 6:16 PM
Sorry if this is long. There’s a tree in our next door neighbour’s front garden which grew from a weed several years ago and is now taller than our houses (semi-detached). We have asked our neighbour several times to contact her landlord about it, as well as asking her for her landlord’s details so we can contact him ourselves (they have had problems with him in the past re him not doing necessary repairs to the house) but to no avail, she just says she’ll contact him, but we have heard nothing for months. The tree overhangs most of our front garden and we cannot park on our front drive as debris from the tree and birds damages the car, not to mention what the branches may do to our house roof, windows, the roots undermining the house foundations etc. I plan to speak to the neighbour again and say if they don’t give us the landlord’s details we’ll have to ask land registry, but we’d rather not have to pay and tbh I find her a bit intimidating. What else can we do to get them to remove this tree as it’s quickly becoming extremely dangerous? Many thanks.
nsherlock - 10-Aug-20 @ 3:30 PM
My aunt's neighbour cut branches from his tree, and ivy growing from his garden onto both sides of the fence. He dumped the debris in my aunt's garden either on the day she died suddenly from a stroke or the day after, knowing she died. He is refusing to remove the waste. Whose responsibility is it?
Lin - 6-Aug-20 @ 9:29 AM
Rats that live under the raised wooden step next door by people buying their home continue to blame my property because I am a council tenant I have been harassed even though we have no rats and they come through from another property can the council stop us from being harassed by these people
Mags - 3-Aug-20 @ 11:54 PM
Hi, I wonder if you could help us, our back garden backs onto a pub garden. There is a brick boundary wall, behind this wall they have planted conifers which are less than a metre away from the wall. I have spoken with the owner of the premises to ensure the trees are cut before they grow above the wall. The trees were not there when I purchased my property. There are multiple trees to make a hedge border.I also raised the closeness of the trees to the wall and highlighted that the trees would push against the wall, which could result in the wall coming down. The trees are over two metres tall and they are hanging over the wall and there are now cracks in the wall too! I have a toddler who loves being in the garden. I have asked them repeatedly to cut the trees I feel like I am begging them to do it and what they are going to do with reinforcing the wall, the answer has been we will deal with it when it happens! I don’t want to run the risk of any of us getting hurt when the wall falls! What can I do? Thanks
Kin - 31-Jul-20 @ 4:49 PM
Been in our house for 24 years, always had a problem with the neighbours very large and neumerous trees. Over the years they have cost us a considerable amount of money in one way or another. We have tried to asking nicely to have them reduced, to no avail. We occasionally trim any overhanging our side, but many are just too high to reach. We have had to replace the fence 3 times due to the tree pushing it out, then it breaks. (its her fence by the way!) My garage floor is cracked and lifting due to the roots of the trees. I can only get certain TV channels as the ariel will not give a good signal going through her trees, we have had an ariel installer out twice but he says with the trees there is not much he can do. Also after 2:30 pm we get no further sunlight in our garden as the sun goes behind the said trees. I know my rights regarding trimming the tree's on our side but any advice on what if anything I can do to get them reduced and maintained?The tree surgon we employ dangerous.
steeley - 29-Jul-20 @ 3:12 PM
There is a siver birch tree at the bottom of my garden but its in a neighbours garden that runs along the end of mine. I am a private tenant who gave up a council property for my children to have a garden. Every year this tree sheds all its seeds, leaves and sap all over my children's toys, my washing when it's on the line. My children's trampoline has rotted because of the sap and all their garden toys are sticky and unusable. This year we bought them a 10ft swimming pool and it's great that all 3 have learnt to swim however when we take the pool cover off it starts filling up with all these seeds and leaves. It ridiculous as it's making our pool filthy and I stand there for over an hour at night trying to clean it all. It's like shovelling snow in a blizzard, as soon as I'm fishing it out more falls in it!!!! Every week or so we have had to empty it and start it again. That's nearly 4000 litres of water wasted weekly im having to replace and pay for, that's without the chemicals im having to buy and paying for the pump to work 24/7. I'm going to have to purchase a bigger pump to cope with all seeds and debris from the tree. I'd like to know what can be done about this tree as it has doubled in size since I moved in 11 years ago and its ruining all our belongings? Any advice please?
Swf75 - 28-Jul-20 @ 9:32 PM
Hi, I live in a conversion flat with a shared rear garden. My neighbour neglects her part of the garden and it is now very overgrown. On her side there are two large ash trees, that were not planted, shading my garden. I'm also concerned that the roots are starting to cause damage to the house having noticed new cracks on the walls closest to the trees. I have asked her to cut the trees before, but she just ignores my requests. Any help how to deal with this would be greatly appreciated.
Ariadne - 23-Jul-20 @ 5:03 PM
Hello, We are planning on building a two story extension on the side of our house, but our neighbour has about 5 trees over leaning onto our house which is stopping the planning going ahead. They are also stopping the light getting thought to one of our windows. What rights do we have to this situation?
Kessie - 22-Jul-20 @ 6:09 PM
We are at the point where we want to replace a fence down the boundary line between ours and the neigbouring property. However a tree owned by next door has the roots growing partially into our land. We have asked that the tree is removed, and the owner of the neighbouring property has said that he is happy for us to do this at our cost. We do not believe that it is our responsibility to pay, so what are our rights in this situation? Can we claim continuous and continuing trespass?
Steve - 21-Jul-20 @ 12:48 PM
Around 13 years ago my neighbour planted several young trees only about a foot or so on their side of the boundary.Now, due to neglect, the tree trunks have grown so big that they have pushed into and through parts of the boundary which mean that I am not able to erect a fence on the boundary line (needed to keep my dogs in) because the trees are in the middle of and over the boundary line. My house Deeds do not stipulate exactly where the boundary is BUT there is a low level double wall that runs from the edge of my house all the way down the garden - this wall has been there for more than 20 years. The Deeds also do not stipulate who is responsible for the boundary but I am willing to pay for the erection of the fence once the boundary is clear of trees.However I do not feel that it should be my responsibility to pay for the part/full removal of the trees that the neighbour planted. I have tried speaking with my neighbour about the situation but he seems to be ignoring the issue and hoping it will go away.He is hoping to sell his house soon and probably thinks that it won't be his problem any more. I am at my wits end because it means that I cannot let my two dogs have full use of my garden as they can easily get in to the neighbours garden.The neighbour probably wouldn't care about this but his garden is like a jungle and a tip and my dogs would most likely end up getting injured. Please, can anyone offer advice on what I can do legally to get this situation sorted out?
Kerry - 14-Jul-20 @ 6:45 PM
My neighbour has just been around for a friendly chat and has asked us to remove two saplings ( one oak ~4/5yrs old and a walnut 4/5 yes old) as they are within 2 meters of the fence...they were nature planted, he said there is a law wrt to new trees being planted with 2 metres of a boundary is this correct and when did this come I to effect? Being good neighbours we have cut them down. Just wanted to know about the law...thanks
Nic1000 - 11-Jul-20 @ 8:37 PM
I live in a terraced house and my Neighbour has rented out the house,she has a management team but they neglect everything the garden has bine weed growing all over it and now I have noticed a maple tree growing out of the ground by our party wall I am afraid that the roots will do considerable damage to the foundations i have asked that they do something about the bine weed to no avail. What can I do to make sure that the tree roots and bine weed are killed off.
Frustrated - 6-Jul-20 @ 6:40 PM
I'm so worried about the trees on our boundaries my property my neighbor's left and right. The nabour who owns these trees isnt willing to do anything. They are popular trees sucking water over 100 feet tall big branches fall all the time the bark falls off in bad condition.ive spoken to her many times even offerd to lend her monie to no avail. Council say it's a civil matter...
Zarena Rehman - 5-Jul-20 @ 5:56 PM
There are two 50ft high pear trees belonging to a neighbour right on our joint boundary.They are not subject to any tree orders. They do not overhang my property but produce pears the size and weight of hand grenades which drop onto my shed, pose a threat to my greenhouse which is close to the boundary, and a danger to anyone upon whom one should fall. The property is a block of privately owned flats which is managed by an agency which has failed to accede to requests to have the trees reduced in height.No pears fall on the owner's side of the boundary. How can I get these trees reduced in height and the problem thereby eliminated?
none - 1-Jul-20 @ 6:57 PM
I'm not sure as to why you don't have a wooden monkey.
Loopu - 29-Jun-20 @ 8:30 PM
My neighbour of the house that backs obto my garden has a couple of trees over hanging. Over the past few days some quite large branches have broken off and fallen into my garden. Can i ask him to cut these back as they are causing a danger due to the fallen branches or do i have to cut them back at my cost??
Steve - 29-Jun-20 @ 5:33 PM
My neighbor's tree is growing alongside the wall of my house. It has now crack through my roof. I showed her pictures and she does nothing about. I and another neighbor try to prevent it over growing. Now this is about to cost me money for all the repairs. What can I do?
None - 25-Jun-20 @ 11:19 PM
My Neighbour has planted a tree too close to my boundary and property. It's roots will soon be raising my property foundations and patio and causing havoc with the sewage pipes that runs near it. On top of this it drops bits of white fluff that makes it a nightmare to sit and enjoy the garden. What can I do about it? Was thinking about digging down and cutting the roots that are on my side to stop it spreading and hopefully make it lean and eventually fall over. Can I get a tree surgeon in for that? If so should I pay of should the neighbour pay. Not sure if he has insurance or not. I've asked his to take it down because of the issues that could arise but he says his garden gets water logged and they planted it to soak up the water. He allowed me to cut it right back last year but since then he has said he doesn't want it cut back anymore. Only gave me permission to trim the branches over my side. Any advice would be appreciated. Both properties are privately owned.
Rob - 24-Jun-20 @ 10:24 AM
There are 5 neighbours in our close that have an entry that belongs to us at the back. The house that backs onto this entry has large trees all along that block our light and cause leaves to shed into our gardens. These trees are so tall that they affect the light into our gardens and they reseed all in our flowerbeds ect. We have asked him to cut them down but instead of cutting the height he did the sides, thus making them grow even taller! Can you think of anyway that we can do to force him to lower them?
suem - 22-Jun-20 @ 10:58 AM
I have a paddock filled with silver birch.The boundary around the paddock is mine and lined with bushes and silver birch.One neighbour has erected a wooden fence at the bottom of her garden that backs on to my boundary.They have snapped off my trees, cut one low down on the trunk all the way through.I’m now scared they’ve left me this damage and that tree which is very tall is dangerous.What should I do?? If it falls it could kill someone I can’t believe they’ve done this.Didn’t even ask.
Jo1111 - 17-Jun-20 @ 9:45 PM
Hi there I have a fence parting me and my neighbour. On their side of the fence is a load of trees which was planted 4years ago by them when my house was built. I’ve noticed this year they have not cut these down in height and allowed them to grow wild without cutting them down. I have trimmed off the branches that are coming over into my garden. As my house is situated on a lower level to my neighbour, I therefore have a retaining wall which is 5 foot tall, the neighbours land starts at the same level as my wall. Then there’s about 5.4 foot of fence above that and then their trees which are 4-5 foot above the fence in height. My question is can I legally request for them to trim down their trees in height? As it’s also blocking my sunlight and my garden is losing 2 hours of light. Any help would be greatly appreciated. Kind regards Mr james
Ioan James - 16-Jun-20 @ 2:24 AM
My neighbour has a tree positioned adjacent to my property driveway. The tree over the years has naturally grown in such a way it leans largely over my driveway. This in itself has never been an issue. The tree is an oak tree and would estimate it to be between 15-20m tall. Unfortunately, the tree has died and now that approximately 3 years has passed since it died large 'scabs' of bark and some branches have started to detach themselves from the tree and falling onto my driveway. I mentioned this to my neighbour pointing out the possible danger, either to pedestrians or vehicles parked on my driveway but he has chosen to ignore the issue. I did speak to my local Council who said they would not be willing to get involved as the tree is on private land. I am genuinely worried that damage from falling parts of the tree will occur either to me or my property as I continue to use my driveway but unsure what I can do to force my neighbour to take action and make safe the tree. What would you recommend that I do next Regards
Timber - 13-Jun-20 @ 9:42 AM
My neighbour has a tree positioned adjacent to my property driveway. The tree over the years has naturally grown in such a way it leans largely over my driveway. This in itself has never been an issue. The tree is an oak tree and would estimate it to be between 15-20m tall. Unfortunately, the tree has died and now that approximately 3 years has passed since it died large 'scabs' of bark and some branches have started to detach themselves from the tree and falling onto my driveway. I mentioned this to my neighbour pointing out the possible danger, either to pedestrians or vehicles parked on my driveway but he has chosen to ignore the issue. I did speak to my local Council who said they would not be willing to get involved as the tree is on private land. I am genuinely worried that damage from falling parts of the tree will occur either to me or my property as I continue to use my driveway but unsure what I can do to force my neighbour to take action and make safe the tree. What would you recommend that I do next Regards
Timber - 12-Jun-20 @ 6:18 PM
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