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My Rights Regarding my Neighbour's Trees?

By: Jeff Durham - Updated: 5 Sep 2023 | comments*Discuss
 
Trees Tree Law Tree Preservation Orders

Q.

What are my rights about my neighbours very tall fir tree which is only about 5 yards from my property? The tree was already existing before my property was built.

I spoke to the owner and he made it clear that he does not want it cut. Please help as it might damage my property.

(Ms Gloria Wright, 10 September 2008)

A.

You don’t say where the problem lies here in terms of the potential damage it may cause to your property. However, if any of the tree's branches are overhanging Into your property, it is within your rights to cut these branches off, even if your neighbour has told you that he doesn’t want you to do so.

It doesn't matter if the tree was there before your property was built. The important thing here is to establish your property's boundary lines, which will be contained within the deeds to your property or by contacting the Land Registry office.

There are two provisos here, however:

  • Firstly, you must ensure that the tree in question is not protected by a tree preservation order. These orders are granted by your local authority’s environment department and make it illegal to fell, uproot, prune or lop off any part of a protected tree without the express consent of the local authority. Should you do that without permission and the tree was protected by a preservation order, you could be liable to a fine of up to £30,000 or twice the value of the timber of the tree, whichever was the greater.
  • Secondly, if you do have the right to chop off the offending branches, it is your duty to return them to your neighbour.

Recoup costs from neighbour

If the problem you’re experiencing lies within the tree’s roots, you are also entitled to remove any roots which are invading your property. If they are very deep, you could decide to get a professional to come in and remove them for you, and then recoup your costs by claiming on the tree owner’s household insurance policy.

What your neighbour is NOT liable for

One of the important things to remember is that your neighbour would not be liable for any damage caused to your property with respect to any fallen leaves that might damage your lawn, block your drains or block your gutters, nor can he be held responsible for any trips or slips caused by wet leaves on your driveway.

With a fir tree that doesn’t shed its leaves, however, this won’t present a problem, but it’s worth bearing in mind for those who may have similar problems with other types of trees owned by neighbours. In other words, apart from overhanging branches and potentially damaging roots, there are other legitimate reasons why you may seek to cut down part of neighbour’s tree which is encroaching upon your property or in danger of causing other damage to it.

The best suggestion is to have another chat with your neighbour and try to resolve the issue amicably. You may need to explain to him that you know your rights, and should they physically try to prevent you from removing parts of their tree which is on your property, then seek further advice from your local environment department.

There is a full Action Guide here which is a great reference point for further advice.

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I bought my house in 2007. At the back of my property are several oak trees which are on neighbours land and form part of a group of trees which are subject to a TPO. The girth of one of the trees has naturally increased and now touches my back fence. Over the coming years it will undoubtedly continue growing and I suspect will break my fence and damage some raised borders in my garden which are just in front of said fence. There is no house on my neighbours land at the moment and the woman who owns the land seems very reasonable however the council are extremely protective of this group of trees (even though they are quite unsightly and of mixed health) and I suspect they will push back against any removal of the tree. What is my legal position regarding trees which are protected by a TPO, but which are (or will) cause damage to a neighbouring property?
hutch - 5-Sep-23 @ 2:05 PM
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Finalstraw - 27-Jun-23 @ 3:33 PM
Why are people posting there gripes!!??...is anybody actually getting the advice they are after!??
Really - 7-Dec-22 @ 9:30 AM
if a large group trees are so close to another property they overshadow it block light, and they catch fire and in turn burn down the adjacent property who is responsible
curly - 15-Nov-22 @ 5:45 PM
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PatTyS - 13-Aug-22 @ 8:51 PM
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PATTYs - 13-Aug-22 @ 8:48 PM
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Baz - 6-Jul-22 @ 8:16 PM
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Ei - 23-Jul-21 @ 5:35 PM
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BB31 - 17-Apr-21 @ 2:52 PM
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Labrador - 15-Jan-21 @ 9:47 AM
I'm in Ca, neighbor behind us (40 years) has 4 over grown eucalyptus trees and 3 Queen palms. Whatever comes up from the ground is not managed so becomes a huge mess, it has become a complete block of the sun for us. We frequently call code enforcement to force him to remove the dead leaves, brush, the constant fire hazard, etc. and now have a rat, squirrel, possum & raccoon population which has my dog barking constantly at all hours. We have constant branch damage, we've replaced our patio, water fountain and the fence we share with him all at our expense. My grass & plants have all died due to the eucalyptus trees taking all sun, water and have been told plants cant compete with them as they have a toxic oil to the soil. We would like to know legally what our options are as we have spent 40 years being nice and we have lost thousands of dollars accomplishing nothing.
Shell - 11-Dec-20 @ 9:01 PM
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beth - 10-Nov-20 @ 1:38 PM
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tell - 7-Nov-20 @ 4:19 PM
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Bali - 20-Oct-20 @ 1:17 PM
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Barbara - 5-Sep-20 @ 1:59 PM
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Nat - 26-Aug-20 @ 9:07 PM
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Joel - 11-Aug-20 @ 11:45 PM
I need advice regarding next door neighbour tree, which is about 60ft and hangs more on my garden than theirs. i am constantly sweeping up needles and it has killed loads of plants and grass. also there are loose branches which are dangerous. when i managed to get hold of owner, his aunt lives there, he just took my number and has not got back to me. i am an old age pension and feel worried when it is windy in case a branch blows down. many have done so, one having broke fence of neighbour other side of me.what are my rights? the coucil when contacted said not their problem as not a council property. am very angry and worried over situation,. any advice/help please.
kathy - 10-Aug-20 @ 2:24 PM
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kathy - 10-Aug-20 @ 2:20 PM
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Missy - 6-Aug-20 @ 11:20 AM
my nieghbour is planting 4 conifer trees 2ft away from my property is there anything i can do about this ?
Neat - 4-Aug-20 @ 12:43 PM
Hi my neighbour planted a tree 40years ago but has planted it dead in the middle of my garden and theirsand now it's not only grown half in my garden s that big it now blocks sun in my garden and not theirs its killed all my grass but not theirs its affected my garden more and more each year is there anything I could do for the tree to be cut down.
Patsy - 13-Jul-20 @ 2:32 AM
Hi, Unknown’s to us, our neighbour planted a eucalyptus tree right next to our fence. Three years on and it has grown almost as tall as our house and drops leaves and bark all over our garden, in fact it hangs more in our garden than his, it also emits an awful smell. Can I insist he removes it holds no benefit to him as it may as well be in our garden. Hope this makes sense. Thank you
Brown Owl - 5-Jul-20 @ 7:41 AM
I have a very disrespectfull neighbour who I cant communicate their plants taking over my shed roofs and damaged their trees and roots fences broken damaged all fences and posts.have pets they can’t control they get in to my garden and inside of my house I’m allergic to cats any help ??
Rain - 20-Jun-20 @ 8:53 PM
Hello, my next door neighbour has a tree growing about 5ft away from our houses on the other side of our fence growing rapidly, if it is left there it would definitely damage hers & my foundationsas were mid terrace, With its roots we do not speak as I find my neighbour unapproachable, I own my property while she is renting from the council is there anything I can do help very much appreciated.
I give up - 16-Jun-20 @ 4:17 PM
I have a neighbour that has 2 huge oak trees in her garden growing way above our houses. We have relatively small gardens. I get no sunlight from 11amtill 3pm. The huge branches are growing over my garden but are so out of control we cant get at them. Any advice please
Roby - 8-Jun-20 @ 8:36 PM
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