Letter Template: Problem with Neighbour's Tree

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Letter Template: Problem with Neighbour's Tree

Your legal rights when a neighbour's tree causes problems

Under English and Welsh law, tree owners have a duty of care to ensure their trees don't harm neighbouring properties. If a tree is clearly dangerous and the owner knows but does nothing, they could be liable for any resulting damage.

You have the right of abatement: you can cut back any branches or roots that cross onto your property. You must offer the cuttings back to your neighbour as they technically still own them. You cannot enter their property or cut beyond the boundary line.

  • Tree owners must maintain their trees in a safe condition
  • You can trim overhanging branches yourself, but only up to the boundary
  • You cannot force a neighbour to remove a healthy tree just because you dislike it
  • Seasonal debris like fallen leaves is typically considered normal and not grounds for legal action
  • Trees covered by a Tree Preservation Order need council permission before major work
  • Trees in conservation areas also have legal protections

Before writing any letter, check with your local council whether the tree has protection orders. This affects what solutions are possible.

Informal and formal letters: when to use each

Start with a friendly letter. Many neighbours simply don't realise there's a problem.

Use an informal letter when this is the first time you're raising the issue, you have a reasonable relationship, and there's no immediate danger. A formal letter becomes necessary if your informal approach was ignored, the tree poses a safety risk, you need a paper trail for legal action or insurance, or your neighbour has refused to engage.

Informal letter template:

Dear [Neighbour's name],

I wanted to let you know about a concern with the [type of tree] at the [location in their garden].

For overhanging branches: Several branches have grown over into my garden and are now [blocking light/dropping debris/touching my roof]. I'd be grateful if you could arrange to have them trimmed back.

For a damaged or diseased tree: I've noticed the tree appears to have [dead branches/fungal growth/a significant lean]. I'm concerned it might pose a risk in bad weather.

For roots causing damage: The roots appear to be [lifting my paving/affecting my boundary wall/growing towards my foundations].

Would you be able to take a look? I'm happy to discuss this whenever suits you.

Many thanks,
[Your name, address, contact details, date]

Formal letter template:

Dear [Neighbour's name],

Re: [Type of tree] at [their address]

I am writing further to my letter dated [date]. I have not received a response and the situation remains unresolved.

The [type of tree] located [position] is causing: [list specific issues]

As the owner, you have a legal duty of care to ensure it does not cause damage or injury to neighbouring properties. I am formally requesting that you arrange for [specify: branches to be cut back / a tree surgeon assessment / the tree to be made safe] within [28 days, or 14 if urgent].

If the tree causes damage and I can demonstrate you were aware but failed to act, you may be held liable. I would prefer to resolve this amicably rather than involving solicitors.

Yours sincerely,
[Your name, address, contact details, date]

Send formal letters by recorded delivery. Keep copies of all correspondence.

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What to do if your neighbour still won't act

Exercise your right of abatement by hiring a tree surgeon to cut back branches and roots to the boundary at your own expense. Keep receipts in case you later pursue costs.

Contact your local council if the tree is genuinely dangerous. Councils have powers under the Local Government (Miscellaneous Provisions) Act 1976 to require owners to make trees safe. Contact your council's tree officer or environmental health department.

Use mediation to resolve the dispute without court. Many councils offer free or low cost mediation: quicker and less damaging to relationships than legal action.

Make an insurance claim if the tree has already caused damage. Your insurer may pursue your neighbour directly to recover costs.

Take legal action as a last resort through a civil claim for nuisance in the county court. The court can order your neighbour to remedy the problem and may award damages. Citizens Advice can point you towards free or affordable legal help.

Document everything: dated photographs, copies of letters, notes of conversations with dates.

Your situation may be slightly different. ask a question below ↓ and our editorial team will reply with our advice.

Getting professional help

For anything beyond minor pruning, use qualified professionals. Look for tree surgeons who are members of the Arboricultural Association or hold NPTC/City and Guilds qualifications. They should have public liability insurance of at least two million pounds.

Get three written quotes for significant work. A good tree surgeon can advise whether a tree is dangerous or diseased: useful evidence if the dispute continues. If the tree is protected, they can advise on the council application process.

Common questions

Can I cut a neighbour's tree that is overhanging my garden?

You can prune branches back to your boundary line, but only up to the line, and what you cut still belongs to them, so offer it back. Check first whether a Tree Preservation Order applies or the property is in a conservation area: if so, you need council consent before doing anything.

My neighbour's tree is blocking light to my home. What can I do?

For evergreen or semi-evergreen hedges over two metres, the High Hedges legislation under the Anti-social Behaviour Act 2003 lets the council step in once you have tried to resolve it directly. For ordinary trees there is no right to light protection in most modern homes, but you can still raise it informally.

What is pollarding and can I ask my neighbour for it?

Pollarding is the regular cutting back of upper branches to keep a tree at a manageable size. You can ask your neighbour to pollard, but they are not obliged to agree. If a TPO applies, even they need council permission, so consent is rarely automatic on a mature tree.

The Next Step

Tree and Hedge Dispute Advisor

Now that you have read through the advice above, you might want to put it into practice. Our Tree and Hedge Dispute Advisor lets you find out your rights on overhanging trees and high hedges. Takes 1 minute. Try it now →

Ask Problem Neighbours a Question
ProblemNeighbours Editor 23/05/2026 at 6:35 pm
@Margaretsmith42 Under common law you have the right to cut back any branches that overhang your boundary, but only up to the boundary line itself. Have a friendly word with your neighbour first, as they may not realise it's causing damage to your window. Put it in writing afterwards so there's a record, especially if the window ends up cracked. Note that any cuttings technically belong to them, so offer them back rather than chucking them over. If they refuse and the tree causes actual damage, that's when you'd look at a claim or speak to the council.
Margaretsmith42 23/05/2026 at 12:39 pm
Neighbours tree is overgrown and is banging on my landing window when windy
dee 12/07/2024 at 3:39 pm
My neighbous tree is hanging over my canopy the place is rented out and us a mess .i sweep up nearly very day.i have tryed to ask them to find out whose their landlord which they didn't know so they said.when i said ill get in touch with the council they were quick to give me a number which i have been trying for the last 3years and not getting any where.im on my own im in my 70 s the gutter s getting blocked i have been living in this house for over45 years and never seen a rat in my garden now there rats running around i have grand children coming over im scared to leave the garden door open.
Sharon 07/04/2024 at 1:57 pm
Hi we have recently moved into a brand new bungalow At the end of our garden in the neighbours garden is a massive tree it is stopping light into our garden dropping lots of dead stems but more importantly it is so high should it come down it would most definitely hit our house. The new bungalow has been build on farmland therefore before the house with the tree in it was probably not a health and safety issue. We spoke to the owners of the property they are renovating the property ready to rent it out initially they said they would either cut it down or cut it back and bring it to the height of the fence. However now the they have said they will not be doing anything at all. Can we do anything about this? As it really really is a great concern for us and also is stopping us have light in our garden and the back of the house which is our lounge.
kaz 21/09/2023 at 1:05 pm
we have a big problem with a large birch tree that is at the bottom of my neighbours garden and hangs over on to our road and covers the car with seeds my whole garden is covered in them and my windowsills are also covered I have to sweep my paths and patio everyday and hoover up everytimecwe come in the house as they gather on my rug and steps its affecting my mental health and considering moving which I really don't want to do I spoke with them last yr and refused to remove the tree and trimmed the end of 3 branches which made no difference at all its really getting me down
ProblemNeighbours Editor 17/05/2026 at 10:11 am
@Horribletree If it's a Highways tree, push harder. Write formally to the council's Highways department (not just a phone call), citing the nuisance, damage to paving and fence, and the impact on your parents' health, and request an inspection under their duty of care. Include dated photos and a repair estimate. If they still refuse, escalate to the council's complaints procedure and then the Local Government Ombudsman. They can also lawfully prune anything overhanging the boundary back to the property line at their own cost.
Horribletree 18/06/2023 at 1:15 pm
Hi,

Parents, have moved to a bungalow, with massive tree on the path to the side of the house. It is huge bigger than a 2 storey house. It drops catkins all over the garden, you can sit and have a cup of tea without then falling into your drink. It has ruined the new paving slabs and fence with a black oil type sap. They find it difficult to clear up the catkins and leaves and it affecting their well being. Apparently it is the Highways agency tree, but they will not do anything about it. They have no right to light etc.

What can be done? There is no tree preservation order.

Any advice would be great.

Thank you
DELCH 03/04/2023 at 12:05 pm
When will the council ever do anything for all us poor people who have to put up with neighbours trees, overhang, damage, bird poop … it’s disgusting! The laws must change immediately… so fed up
DELCH 03/04/2023 at 10:43 am
We’ve had ongoing issues with a schools trees behind our house. They are so big. Well over 6ft, double. The school recently had a tree pollarded because the tree was hollow at the base (dangerous for us , staff , parents and children ). We have one huge oak which I’ve already paid once to have pollarded, of course that grows and after 2 years we have more growth shading us and another tree which is 70% over mine and my neighbours and we’ve asked for almost 2 years for the school to look at that one tree as we have damage to our shed from constant foliage, birds droppings and staining of foliage. It’s terrible especially as we’ve paid a lot of money to landscape our garden for disabled. My neighbour has the same issue as the tree is between us. The school governor says we can only pollard the overhanging branches but this problem is short lived. We’d ideally like the tree to come down. What’s the best approach please ? Governor is quite adamant and rude. We’re really civil but they aren’t understanding the issue will always be upon us to pay as the school won’t ! Help.
Nici 21/05/2022 at 8:40 pm
My neighbours tree started to lean over last October, I went round to see her to explain and she said she'd sort it. Roll on to storms in February and it's damaged my shed. Again I went to see her to say what had happened and that it needed to be removed, and I would try to repair my shed once its down. 3 months on and nothing has happened. Contacted citizens advice who suggested I write to her. The only response I've had from her is intimidation. If I hear nothing by the middle of the week I'm going to write again suggesting we go to mediation however I don't think she'll agree. I've looked at the tree today and it's literally millimetres from my shed roof. And ive checked the shed but it's too big a job for me to repair. I really need to know where I go next
Unhappy 01/10/2021 at 12:29 pm
Hi..same issue as others on here huge neighbours tree over hangs our back garden and pigeons sit on over hanging branches and poo into our garden how nice..I have contacted neighbours and have had no joy with discussions about this as it’s at the bottom of there garden and not on there priority list yet to resolve? Any ideas would be appreciated? Thanks
Jess 22/06/2021 at 2:28 pm
The house next to us has been empty for 8 months, since the last tenant moved out. She had lived there 60 years. The property is owned by people from london, we are located in Kent.
There is a very tall silver poplar growing against the wall dividing our gardens. We only have small courtyards and the tree is about 40foot high, above the height of the houses. Its about 6foot away from our house and the entire tree moves in high winds, all the way down the trunk.

We are very worried about this tree damaging our house but we dont know how to get hold of the owners of the house?

We have no clue what are options are here. I emailed the council but they said its nothing to do with them.
Chris 19/06/2021 at 1:24 pm
I have a row of conifers at the front of my property, just inside the wire fence. My neighour has been cutting the top of the trees and coming onto my property, without my permission, and cutting the front of them as well. Last year I asked him to stop doing this as they are on my property and he does not have permission to do so.He said he thought he owned them and I pointed out that they were on my property. He agreed to seek permission if he wanted to cut the tops and that he wouldcease cutting the front of them. I have just come home and he has cut them again, top and front. I don't feel I can talk to him again as he is clearly taking no notice of me. How should I proceed? I only want to get a solicitor involved as a last resort.
Magdi 09/06/2021 at 9:15 am
A large tree located front of house on the pathway (I.e.. belong to Penrith council) and it drops all leaves in autumn, I can’t gather the mentioned leaves lately as I am 75 years old and I suffer from heart failure and I couldn’t bend over as it cause me a dizziness which can cause me drop on front yard
I have been calling Penrith council for the last 3 years and there’s no help from them as the tree is in good health but I’m not to look after it and it makes the street untidy

Pleas advice what can I do
Pat 03/06/2021 at 2:43 pm
My neighbours tree has not been pruned/cut back for 8 years. It is now over 11 metres tall. Overgrown overhanging and blocking out the light. The roots have destabilised the fence which is leaning into my garden, the tree not only overhangs but two fence panels are down leaving me with no privacy. They gate has now broken and pulled my gate down so my gate no longer closes. The owners rent the property through an estate agency whom I have contacted on multiple occasions, they came out promised to get it sorted and told me the delay was due to the people renting being late with there rent all the time (breach of confidentiality) now I contact them and they say they are only managing the property and I should contact the city council. I have asked them to have the owners make contact with me but still nothing. What can I do ?
Brasilnut 08/05/2021 at 1:48 pm
I have the opposite problem, with an antagonistic neighbour who has cut back my tree to to the trunk and thrown the branches into my garden. He has also cut branches that do not encroach not his boundary.

I cannot find any definitive information about my rights as a tree caretaker. However, I am lead to believe, that he is required by law to offer the branches back to me. As throwing them over my fence, this may be constituted as fly tipping. Cutting the branches back that do not cross his boundary could be criminal damage. Any guidance will be very welcome please.
Jacko 01/05/2021 at 9:17 am
My neighbour has a tree that the roots have destroyed our boundary wall. I have sent him the letters posted above which he has trimmed the overhanging above ground parts. I have now found out his house is up for sell and our wall is still missing. I want to redesign our garden and I’m being stopped until this issue is resolved.
What is my best way of forcing them to repair the damage.
Sweets 22/03/2021 at 10:12 pm
Hi me and my son know that them next door neighbour we having living next door to us at 40b can't be doing all that putting up a fence going across in the back garden or planting tree's in the front garden or around in the back garden or throwing them rubbish into the back garden or throwing cigarette butt onto are kitchen window ledge.
Patrick Price 11/03/2021 at 10:32 pm
I am wanting someone from the council to advise me on getting neighbouring tree that is blocking my light and hangs over my property cut back
J.J 17/11/2020 at 9:49 pm
Neighbour has allowed 3 leylandi to grow to over 12meters high and 3 meters away from my extension wall. I’ve wrote to her twice over 2 years requesting they are pruned down or removed. Both letters ignored with no response or acknowledgement. Now I have structual problems and hired a structual serveyor who thinks it may be the trees. How do I enforce these trees be removed? I’ve contacted my local council before the damage happened, got a reply not their problem, wrote to the environment agency asking for help... reply, not their remit! I feel I’m at a loss as to where to turn for help. My relationship is untenable with this neighbour who owns the trees due to their dogs escaping out of the garden 3 years ago on (many occasions) and attacking my pet which resulted in its death. A protection order has been placed on my property by local dog warden which means if the dangerous dogs get out again and they are on their last chance, a fine of £5,000 will be imposed on them. Communication is nil between us. I’m disparate to resolve this situation as soon as possible so I can move forward. Any ideas would be so welcome.
Patch 20/06/2020 at 5:39 pm
My neighbour has destroyed my fences (34ft in length) by fly tipping behind the first half and piling soil behind the other half, raising the level of his garden. The fly tipped rubbish has been removed (not by him!) but I now have to sort out the other fencing. The fence is bowed and has split open, I have it held back with boards and metal stakes. I will need to remove the broken fence but this will result in his garden collapsing into mine. Also, the fence has been pushed so far that my garden boundary is now on his side of the fence. He is not approachable for discussion. Can anyone offer advice, please?
Janice 09/06/2020 at 3:32 pm
I am having an issue with a neighbors tree,it is causing damage to my cement driveway.There are 3 trees total at the edge of the road beside my property causing vision problems while entering the road.I am not sure what I need to do as this is an elderly owner and I have spoken with her son n law to be avail.
Thanks for any info
ILF 07/06/2020 at 11:00 pm
What are the chances if enough people signed a petition to have this law changed, so that people are held responsible for their overgrown trees and shrubs and it not left to the long suffering neighbours?
None 14/05/2020 at 5:10 pm
A sample letter to the media about my neighbor poisoned my fruit trees..
How to go about writing it.
KS 29/04/2020 at 12:45 pm
Hi there,
My neighbor planted shrubs on my property. I want to plant in that space. I have marked it with a string line and they have gotten a survey as well. My survey was spot on. It’s been weeks and they’ve made no attempt to move their shrubs. How would you suggest I proceed? Thanks, Krishna
mish 13/11/2019 at 12:54 am
Not sure where to go for help

I am one of three pensioners who live in a small terrace of cottages built
in 1986. our lane is 4 yards wide and on the other side is a large 1950's
house surrounded by large trees. But none have a preservation order on
them and were all planted as ornamental trees in the original landscaping. The
whole town centre is a conservation area, including our lane.

The owner is a lady in her seventies living on her own, she has other
property from which she receives a rental income. She is adequately funded
but is something of a queen bee in the neighbourhood and intimidates
a lot of people with her attitude.

This is in the centre of a small town and when viewed from Google Earth
one can see that the grounds of this house are a blot on the landscape in
that it is obviously an untended overgrown garden. Neighbours on
others aspectsof her grounds have all had problems with her and her overgrowing
vegetation. When they complain she just replies that it is their right to
cut off any overhanging branches at their expense. One of my neighbours
had to apply for planning permission on the owner's behalf to get a large
branch cut down which was rubbing against her phone cable, and pay
for the tree surgeon herself.

Our problem is that trees in her garden although within her boundaries have grown considerably since 1986 and they are now making our homes dark and the area in between (the lane owned and maintained by the council) damp and dark too. A holly
which must have been at most a 6ft bush in 1986 is now a tree taller than our house.

An ornamental acacia now towers above our cottages and the branches spread across the lane almost overlapping our rooftops, the roots must also be nearly at our footings too.

I do not want a confrontation with the lady, as she is an old hand at dealing with personal complaints. The chairman of the local council has personally recommended that we can take action on the basis of 'a right to light'. Others have suggested that the
environmental health office in the council may also have an interest.

The only problem with that is that we need to have a professional survey completed that will cost a thousand pounds. But as pensioners that is more than we can afford. So I wonder if there is any fund that can help us or do the RICS or similar body have a charity or NGO who support such work? TIA
Tassia 11/10/2019 at 10:42 am
My neighbours trees branches r falling and my fence r braking
none 01/09/2019 at 3:03 am
8-31-2019

About 3 or 4 months ago in 2019, I begin to see the tree branches from the house next door extending their growth into my sides of the house property yard.
Also every so regularly I would see empty plastic food snack packages enter my front yard that looks like they dropped in my front yard from the house address next door.
No argument, but how do I or local political people contact the house address next door to tell them to stop the problem of littering my sides of the address property with empty plastic food snack packages, empty plastic store shopping bags, sport balls, and over hanging tree branches into my yard house address property.
Brian Aaron, writing the complaint, address is 10120 Towne Ave., Los Angeles, CA 90003.
The littering address house next door, 10122 Towne Ave., Los Angeles, CA 90003.
Return your email answer to this house address problem.

House owner
Brian Aaron
Bashy 06/07/2019 at 3:19 pm
My neighbour has a large tree which has a conservation order on it .the roots are encroaching onto my pavers lifting and cracking in part. What can I do and what rights do I have
Pratima 09/06/2019 at 4:20 pm
Hello I have my neighbor's tree in the back garden which blocks the sun light creating pigeons nests and lots of liquid drops from the tree also its creating cracks on the floor of my cement ground damaging my property please help me.
Claimant 16/02/2019 at 11:06 pm
To all who post on this website, I wish to inform everyone who posts that the people who are running this website are not who they make out to be.

Sometime ago, I left a comment on here with personal details accidently and asked for those running this organisation to take my comments down and instead they made fun of me, when my messages became more desperate (because it was a serious violation of one's rights).

I have since tried to report this via one route to Trading Standards but am going to try another route.

These people are actually bullies who are probably harvesting your details when you post and so obviously not to be trusted. They are probably of the same group of those who behave like louts with a setup to catch those who feel that they have reason to protect themselves anonymously. The people who run this website has a distorted mindset or so it seems as this way of thinking is misplaced sense of justice.

DO NOT TRUST THIS WEBSITE.
Kidia, kid lemon sau 28/11/2018 at 5:16 pm
Thank you for reading. Our neighbor has gigantic cotton wood trees that not only litter' segments' all seasons, but they are so huge they dwarf my home. They are double the height of my house. When the canyon winds blow. We watch, knowing someday one will fall and crush our home . I understand leaves fruit are my responsibility to clean up. I have filled 20 huge Waxie bags of leaves this year and there are still more to come. Is there a law for old diseases trees. I know they pose a danger. This neighbor is argumentative and sour faced in most days. Confronting him would only be possible if I had backing. Any advice is appreciated. Thank you for your time. This same neighbor has a gravel driveway. It pours through our chain link fence. Our grass is dead. And rocks have taken over the whole side of our property. Again any help will be greatly appreciated. We live in Utah
NanaTree 20/11/2018 at 10:25 pm
Last year I had considerable damage to my property when two trees on a vacant and unattended lot next to the back of my property both had huge limbs fall onto my land, new fence and broke down part of a beautiful Ornamental Cherry tree. I had to pay landscapers to clean up all those trees including the section from my Cherry tree, and replace the three sections of my fence. I was told by the landscapers that I had better send the owner of that property a letter informing them of what happened and that. One of the trees was completely dead and needs to be taken down.
I went to city hall and found out who the owner of the lot was and using the above template to go by sent a letter to the owner by Certified Mail. As of today the letter was undeliverable ....where do I stand if doesn't get delivered or picked up and is returned to me? If I have more damage from those trees falling or any others as there are many what are my rights? Is there anything else I should do? Mail another letter by regular mail?
Anne 15/07/2018 at 8:47 pm
Our neighbor has asked a few of us to assist her in paying to have about 12 pine trees removed. She says they are abutter trees, which they are not. There have been incidences of her trees falling in our yards with us being responsible. She told us not her insurance. They are dangerous and could do damage with a good storm. We are not going to pay as they are her trees.how do we respond so she knows they need tocome down
Sue 11/07/2018 at 9:28 am
I live am am owner occupier of a house. The Neighboring house and garden have an adjoining fence and wall.
There is a row of mature Leylandia and Hawthorn running alongside the fence.This is forms part of the neighboring garden. The House is owned by a Trust and occupied by tenants, the Hedge has not been pruned properly for 2 years now and is currently reaching heights of 12 foot in places, grows through trhe adjoining fence over my path and gate.There is also an indication that the roots are lifting my pathway . The main sewer oulet also runs just below this path!I have informed tenants next door and the Housing trust as I have done my best to manage the hedge form my side,but am unable to reduce the height. This appears also to be futile if same hedge is not being managed form the garden in which it is located.
There has been no action on this for 6 weeks. I have read some of your articles which give some good advice,however having informed the responsible parties and no action is it really at my expense ,damaged tools .legal advice and any serious damage to property that I have to put this situation right?
Dee 10/07/2018 at 5:04 pm
We have conifers in our garden that have been there for 20 years plus. We regularly cut them down to avoid blocking light to those at the back. However neighbors at the back have complained that the trees are going into their property and psychotherapy boundary fence down. We have said they able to cut the trees back. However they say they have got really bad and want us to do it. Our question is. Why didn’t they cut them down before they got so bad? We have never tried stopping them from doing so and have always told them to feel free to cut them. Is it our responsibility to get them cut down from their side? Even though we’ve previously said they could do it?
Doobs 06/07/2018 at 4:09 pm
I have recently paid a considerable amount of money to have a garage conversion completed but incurred extra expense due to it needing to be underpinned, due to movement / subsidence. Our builder has stated that this was probably caused by the nearby eucalyptus tree. Our neighbour's garden boundary runs close to the end of this building, within 3 to 4 feet. The neighbours have a large eucalyptus tree (approx. 70 feet high) and the trunk has grown so that it is now pushing against the boundary fence, with large branches hanging over the roof of our building.
I have already spoken with the neighbour, but we don't actually know them as they live in another street with just part of our garden having an adjoining boundary. They stated that the tree was already there when they bought the house a couple of years ago. They said that they had considered pruning it, but I have said that this is not where the main concern lies and that realistically the rate of growth could potentially cause further, considerable damage to our building, given the rate that eucalyptus grow.
The neighbours have an extremely long garden, possibly 500 metres and they rarely use the area of the garden where the eucalyptus tree is sited. I really don't think that they realise quite how close to our building the tree is and the damage that it's continued growth is likely to cause. However, I am keen to find a way to resolve this and do not feel that merely pruning the tree will resolve the longer term issues.
I have taken it upon myself to have two arborists quote for the cost of taking the tree down and disposing of it. This was with the intention of writing a letter and providing the quotations, with the offer of contributing £100 towards the cost. What would your advice be, as I don't want to cause problems but feel that this needs to be dealt with as soon as possible.
Thank you
Jax 05/07/2018 at 6:28 pm
Hi my neighbour has two huge conifers one that excludes light to my solar panels and the other light to my hallway/landing and potential risk of damaging my property! There is also a huge sycomore tree that is overhanging and is also now excluding light to my solar panels, what are my rights?
What to do 02/06/2018 at 6:54 pm
My neighbor has a tree in her back yard. The branches are over hanging in my backyard, I have to rack the leaves when they fall and it's blocking the sunlight for my plants growth. I have talked to her about her hedges that are also over grown in my yard. She had a Nasty attitude.
So can you help me legally to get her to trim her tree. Thank you
ann 14/05/2018 at 5:08 pm
my neighbor has a huge elm tree that is dead it's branches are hanging over that if it fell it would crush my home I spoke to him two weeks ago and haven't heard anything I'm pretty scared I don't have money to trim the limbs
ProblemNeighbours Editor 27/04/2018 at 12:05 pm
Who does the tree belong to? Sorry it's not clear.
ccczzz 24/04/2018 at 6:17 pm
There is a tree that is at the bottom of my garden that is at the side of the neighbours. We have had several talks about going half half to get it cut down but the neighbours have pulled out. The tree has grown to the point were it has uplifted the fence. What can I do? I'm also thinking about a written agreement if it does happen- any tips on how to write it?
ProblemNeighbours Editor 11/04/2018 at 3:11 pm
The letter template is designed to help with a neighbour's problem tree and we hope that helps. Note however, that a tree owner is no obliged to cut down trees simply because foliage, flowers etc are falling into a neighbouring property.
Rose 11/04/2018 at 1:48 pm
Please my house is nearby is next door to an embassy, the tress at the embassy bring a lot of rubbish to my house. I would to write to them if they can cut down the trees to prevent the flowers from falling to my house. How do i go about the letter. Thank you.
ProblemNeighbours Editor 26/03/2018 at 3:27 pm
Have you tried discussing it with the parish council? Here's the advice from the above article:
"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 so contact the tree owner to discuss it. "

"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."
Barneybabes 23/03/2018 at 9:54 pm
Hi, I have a huge oak tree approximately 3' from my boundary fence on my neighbors side. My neighbor however is the parish council and the tree is in the village hall car park. The tree is well over the roof of my bungalow, about 10 feet and is brushing on the tiles and against the chimney which will soon be causing damage. The tree and branches are too high up to lop off so this would require a tree surgeon. I am disabled, on benefit, female and 64 years old. Clearly I do not have the ability or the money to deal with this. Where do I stand regarding who has to pay for the work please? Many thanks
ProblemNeighbours Editor 23/03/2018 at 2:33 pm
There are no legal limits to hedges but the High hedges section of the Antisocial behaviour act legislates for this. It allows you to raise a complaint to be investigated by your council if a high hedge (evergreen) detracts from the reasonable enjoyment of your property or garden. The council will consider all relevant factors, including light, views and the your need for privacy. Taking it to the council incurs and fee and should only be a last resort - talk to your neighbour first and see if you can persuade them to reduce the height of the hedge or remove it and replace by a hedge made from other plants or a fence. It may help if you offered to contribute towards this work :-)
Debish 20/03/2018 at 7:32 pm
I have a neighbors conifer hedge that is approx 12 to 14 feet high , is there a limit on height ? The trees do not overhang the boundary.
Jimbo 13/03/2018 at 5:52 pm
What's the law on high leylandi hedges . At the back of my garden there are a row of 8 l eylandii and 13 feet high. The neighbour that owns them lies about when he gets it did and leaves it for 3/4 years before he fits it. He should get it cut anually. It's upsetting when it's so overpowering. Any thing in the law about this . We are private properties so council dont get involved.
Jay 30/08/2017 at 12:30 pm
I would be extremely grateful if you could advise me of what to do with regards to a 3 / 4 fir trees which are on the border between mine and a problem neighbours these trees are well over the height of a 2 storey house, not only are they well over the height I believe is acceptable bit they are also blocking light to my kitchen and the damage the roots are causing to my own property, the needles are also killing my grass and plants.
I contacted the council regarding this as negotiation is out of the question as these people after myself and my mom spoke to them about the trees then went and had a solicitors letter sent to me saying I was not able to touch their fence and this was because of some drawing pins in the fence, when I tried to approach them they phoned the police on me who told me not to approach them again. The council expect me to pay £433 to have someone come out and make a decision whether they should be cut, I am a disabled guy who lives alone and can't afford to pay this especially as it's no guarantee.
This neighbour had the cheek to have a go at my dad the weekend making a threatening statement as he was cutting some branches on my side to try and repair my shed roof due to age and damage caused my their fir trees. I am desperate and this is causing extra stress and making my health to suffer.
They have also damaged my path when they rushed to erect the fence before I moved in because I believe they have also stolen part of my land and after being advised through a neighbour who has contact with the previous owners sisters they had already done on the previous owner due to his poor health.
Any help or advice would be much appreciated
Jd 16/07/2017 at 6:49 am
Last summer my neighbour planted a tree right in front of my kitchen window, about 5 foot from my house wall. I have lived in my house for 23years. A sale of land between previous owners means that house wall with kitchen window in it is only accessible through their garden. I am concerned about the roots being so close to my building foundations and also the fact that the tree is growing big enough now to block out light.
ProblemNeighbours Editor 26/06/2017 at 11:10 am
In general a tree owner is not obliged to remove branches that overhang a boundary into a neighbour's garden. As the neighbour, you can cut back anything that overhangs your side of the boundary. You should offer back any branches that you have removed, but the tree owner does not have to accept them. If you think the tree is dangerous or diseased in any way you should inform your neighbour to make them aware of this - they can then take decision about what they want to do with the tree and (being aware of the danger) can be held liable for any damage. This doesn't apply to a health tree (where as mentioned, the tree owner has no obligation to remove any growth into a neighbouring property).
RugbyGirl82 26/05/2017 at 11:59 am
The house behind ours has a tree that has grown to around 30 feet. They have previously refused to do anything about it due to the amount it will cost.
The branches are now over hanging a good 10 feet into our garden (there is a foot path between us and them).
As well as the loss of daylight, my main concern is that we have a pipe running through our garden and that the roots will hit this in the not too distant future.
What rights do we have?
Thanks.
ProblemNeighbours Editor 05/04/2017 at 11:21 am
Your neighbour can only cut back anything that overhangs his side of the boundary (he doesn't have to ask your permission to do this). He cannot force you to prune the tree simply because it's cutting some light from his garden and clearly the tree is not causing any damage to his property. If he were to try and remove any further branches from your tree this would be criminal damage and possibly trespass depending on whether he needs to lean over the boundary. It might be worth having a polite conversation with him to let him know that he cannot cut any more from the tree etc.
daveed 03/04/2017 at 5:52 pm
I have a silver birch growing in my garden that my neighbour has asked me to prune. The extent of pruning he asked for, is to take out the top as it is depriving him of light. The tree provided privacy to my garden and the upstairs windows. He has without my permission previously cut branches over hanging his property, which I accept he is entitled to do, although he never consulted with me. There are some branches that have been cut back closer to the trunk beyond the extent of the boundary line.
I have consulted a tree surgeon / arborist who has confirmed the tree is not dangerous, there is no evidence of shallow roots and that the degree of pruning to clear any further overhanging branches could not be achieved without leaning a ladder against the tree or my fence. He gave me a quote for the work. I have told my neighbour that I'm not prepared to pay (for fear of setting a precedent), that it affords me privacy, that it is not dangerous or restricting daylight.
I have said he can pay but I'm not granting general consent for him to prune what he wants without talking to me further. Is there anything more I should do to avoid him ignoring my request and pruning the tree anyway?
ProblemNeighbours Editor 05/01/2017 at 9:49 am
You can cut back any roots that intrude into your garden and can cut back any branches that are growing over the boundary line which might prevent further damage. If you want reimbursement for the cost of repairing damage already done, you might need to consider legal action or your home insurer. In general, a tree owner is only liable for damages if he/she is aware of the potential danger before it occurs.
moe 04/01/2017 at 12:02 am
Concerned the offending tree belonging to the housing association has already caused damage to my boundary wall the roots have undermined it and are now protruding up in my garden. They are refusing to repair the damage caused. What can I do in this instance.

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