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.
If the problem you’re envisaging 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.
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.
MY neighbour has converted his garage to an office and there is a covenant that states he is allowed to run the business providing he doesnt allow vehicles to visit for business purposes. He now has large trucks and vans visiting the premises what can I do about this problem,where do I stand legally?
teacake - 14 January 2012 @ 2:49 PM
I live in a converted property where the ground floor flats have sole ownership of their gardens. If a tree in their respective gardens should damage the structure of the property in any way (including root / damp damage) - who is legally responsible? At present the individuals are hoping to claim for having trees cut down and trimmed out of the communal funds and I need to find documentation to confirm that they are legally responsible for their own trees and be insured for any damage they may cause to anyone else.If anyone could provide guidance on this, it would be greatly appreciated.
Curious - 29 November 2011 @ 10:39 PM
Hi, Our neighbours have 12 feet conifers growing next to our side fence. They over hang onto our garden. The are less than 6 feet from the house and garage. Is there anything we can do to get them removed as the house is rented out?
sue - 6 November 2011 @ 2:09 PM
My neighbour has approx 15 trees in his property and over the last few years the problem of light/leaves etc has got worse. The leaves this year have been worse than ever. (16 wheelie bin size bags last weekend and 22 bags again today) Drains and gutters are getting blocked and to make matters worse the trees are getting to the height that crows seem to like, only a couple this yearbut they can only get worse. Any advice would be appreciated, Thanks
Reider - 1 November 2011 @ 8:30 PM
@Nicky - Just cut them and put the branches back over the fence onto their property, then you haven't appropriated them (take a photo before and after to prove it if you want). "Over the fence" is what my neighbour did with me until we agreed we would just dispose of whichever branches we cut from the other's respective trees and it's been no problem since.
Noodle - 13 September 2011 @ 11:57 AM
We want to cut overhanging branches from a Leylandii on our property up to the boundary. Under common law we are allowed to do so, but the problem neighbour site states that under the Theft Act 1968 we must not keep the arisings. A person is guilty of theft, if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it. Under common law we will not obtain arisings dishonestly. Are we guilty of theft if don't appropriate it dishonestly?
Nicky - 8 August 2011 @ 2:39 AM
Hi, I have a tree in a neighbours property which the branches overhang into my property, I know I can legally cut back to the boudary line and the cuttings are the property of the tree owner. but can I place the cuttings in the tree owners property of let them fall into it, obviously without damaging anything, or if they do not want them am I legally obliged to get rid of them or is that their problem?
boyley - 9 July 2011 @ 2:19 PM
Came back from holiday to find that my neighbour took the liberty to cut my holly tree branches right back to the trunk. To do that he had to lean over the fence. The tree is about 30cm away from the fence. What are my rights?
andy pandy - 21 June 2011 @ 8:38 AM
@workhorse if the trees are on your neighbours land I am not sure that there is much you can do.But can't Sky provide an extender pole to raise the height of the dish so that the path to the satellite clears the trees?We had one at our last house and it worked just fine for us.Maybe ask them.Probably an easier solution that getting the trees chopped down.
Rowlin - 26 May 2011 @ 8:37 PM
The trees at the back of my house block the light as well as the signal to my Sky TV. Sky have said the dish, box and receiver are all okay the problem is the trees. So i pay £45 a month and can't use the Sky because the trees are blocking the signal. I have lived there for 5 years and the trees have never been trimmed once. Do i have any rights?
workhouse - 26 May 2011 @ 1:12 PM
My property backs on to a railway, the trees have never been trimmed by ntework rail in the 13 years I have lived here. They are now affecting the amount of light that I get in my home and especially my back yard. What are my rights, can I make them cut the tops down to a suitable height?
