When tree branches creep over your fence line or roots start damaging your foundations, knowing your legal rights can save you time, money and neighbourhood disputes.
If you're dealing with a similar situation and want to understand your specific rights and options, you can use our free Tree and Hedge Dispute Advisor.
Whoever owns the land where a tree originally grew owns the entire tree. This stays true even when branches spread beyond the property boundary or roots extend into neighbouring gardens.
Dealing with overhanging branches
You can cut back branches that overhang your property, but only up to the exact boundary line. This right is called "abatement" under common law: you can remove the nuisance without needing permission from the tree owner.
You cannot simply dispose of what you cut. The branches, leaves, flowers and any fruit still belong to your neighbour. Technically, you should offer them back, though many people skip this formality for small amounts of garden waste. Taking fruit or flowers from overhanging branches without permission counts as theft under the Theft Act 1968.
Before cutting, check whether the tree has legal protection. Trees covered by Tree Preservation Orders require council permission before any work begins. In Conservation Areas, you must give the council six weeks' notice. This typically applies to trees with trunk diameters over 75mm measured at 1.5 metres above ground. Breaking these rules can result in substantial fines.
You cannot enter your neighbour's property to cut branches on their side. This counts as trespassing.
Tree and Hedge Dispute Advisor
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Try our Tree and Hedge Dispute Advisor free, here on this site →When trees cause damage
The law treats minor inconvenience differently from genuine damage. Fallen leaves, bird droppings, or blocked gutters are natural occurrences you must tolerate. Significant damage is another matter.
If a tree causes structural damage, blocks substantial light, or creates serious drainage problems, you may have grounds for a nuisance claim. The tree owner could be liable for repair costs and compensation, particularly if they knew about the problem and did nothing. Tree roots often cause the most expensive problems: clay soils are particularly vulnerable to subsidence when large roots extract moisture.
If you suspect root damage, you will likely need reports from both a structural engineer and a qualified tree surgeon. Most home insurance policies cover subsidence damage from tree roots, though excess payments are typically high. Document everything carefully: take photographs showing damage and its progression, and keep records of correspondence with your neighbour.
Your situation may be slightly different. ask a question below ↓ and our editorial team will reply with our advice.
Protected trees and wildlife
Tree work becomes more complicated when wildlife is involved. The Wildlife and Countryside Act 1981 makes it illegal to disturb nesting birds. The main nesting season runs from March to August, though this varies by species. Bats also receive strong legal protection: if you suspect bats roost in a tree, seek specialist advice before proceeding.
Boundary hedges over two metres tall that significantly affect your enjoyment of your property fall under the Anti-social Behaviour Act 2003. Councils can order hedge reductions, but only if you demonstrate you have already tried to resolve matters directly. The formal application usually costs several hundred pounds.
Resolving disputes
Most tree disputes can be resolved through direct conversation. Start by describing the specific problem and suggesting practical solutions. Put discussions in writing with a friendly follow-up email confirming what was agreed.
If direct conversation fails, mediation services can help before matters reach court. Citizens Advice offers free initial advice on neighbour disputes, and some areas have specialist mediation services.
For complex cases involving substantial damage or protected trees, you may need professional advice. Qualified arboriculturists can assess tree health and safety, while solicitors specialising in property disputes can advise on legal options. Your local council's tree officer can provide guidance on protected trees and planning requirements.
Courts prefer that parties attempt to resolve disputes amicably before resorting to legal action. Approaching your neighbour reasonably first strengthens your position if you later need formal remedies.
The neighbours Yew tree is right next to our boundary and hangs over our drive and to within 2 foot of our property. We can not park our cars beneath due to all the birds muck and moss that has completely overtaken. We have had to pay for damage to removed from the garage walls. One car is in garage and other two at the furthest point of the drive which is a nuisance and they still are covered with muck. This blocks are entrance into our home and we end up walking through bird ------ !!
The tree surgeon applied to the council last year for permission but was declined as would not cut one side only out side.
The neighbour is unreasonable and aggressive and would never pay. He has cut it himself previously without permissions. It also takes all the light from the kitchen and side of house. We don't feel in control of our own property and the drive needs re tarmacking which is not feasible in the current situation. Please advice.
However, i worry that the tree is too big now for the safety of our houses, especially the foundations. It certainly blocks light significantly in spring and summer. The tree is on their fence boundary with a small alley that runs behind the gardens here. Would the council itself have any responsibility for maintenance? When I asked they said this was a civil matter.
The house is rented out to tenants. When i asked about the tree recently they said the landlord had looked at tree maintenance & found it too expensive. So there were no plans to cut or prune. I had been reluctant to ask, as a few years ago i had to ask them to remove another tree which was in the corner of their garden by my fence. It had grown so much my fence was badly damaged.
At that point we came to an arrangement that if they removed the tree i would pay for my new fencing. I had hoped they would eventually take action with this larger tree, so far nothing has been done. I am not sure it would be safe to leave this issue for much longer.
Looking forward, I am more than happy for either the property owner to cut these back to our boundary (and dispose of the vegetation or give to us as they wish) or ask us to undertake the maintenance work (where we would ask for access and cut away all overhang and remove the debris, without paying a third party to do it).
My questions is, if they do not speak to us about it first and subsequently they choose to employ a professional to undertake the work, can they after the fact request us to pay for the work undertaken?
Next door has had a truck of men round today to chop his tree down - a branch of the tree has fallen onto our shed - the side of the shed has been blown out and the windows broken, the men say “it was falling to bits anyway!” They’ve offered to replace the glass. Where do we stand? What do we do? My husband or myself are in no state to be dealing with this emotionally or physically; he’s not even allowed to drive yet after the stroke so can’t go to the tip, we have nowhere to safely store the tools apart from the kitchen possibly, on and under the table. He’s not well enough to physically do all this anyway!
What can I do about this problem.
Any advice would be gratefully received, or any recommendations on solicitors that have won cases in this area, we would be delighted to hear about. Thanks for reading.
Won't be able to use the Entry. Help
my garden reducing my light. I have spoken to him about this and
he is agreeable to have these removed, but says that as they overhang
my garden, it is my responsibility to pay for the work.
As he is the owner of the tree I think the onus is on him to pay.
Can you advise ??
The branches overhang my garden and are extremely problematic. Every year I have to pick thousands (literally) of ash seedlings which have rooted in my small garden and the path that runs along the edge of the garden becomes really sticky. The trees are also quite close to my house and I worry that a violent storm could bring them down. What action can I legally take. I don’t know the people who own the house as they are on a different road.
Before we moved to this house a tree from the house fell and smashed a neighbours fence the neighbour is now saying we have to replace fence is this true or are we in our rights to say no
Can I do anything about this
Our neighbours have joined with us in sending a joint letter to our neighbour opposite asking if the trees can be maintained to reduce their height which would make them more resilient to strong winds and storms which seem to be on the increase. This would reduce if not prevent any damage from the trees being uprooted or fell by severe weather.
We have not heard any thing from our neighbour opposite since we wrote a letter to her earlier in the year. What can we do now?
Is there anything we can do about it ?
This SOB ! Inherited the house I bought of the elderly lady who left it to Mr. Cheep ass !
To the rear of mine and my neighbours garden there is a large ever growing sycamore tree. The tree is on the neighbours deeds although not physically in their garden… there garden and my neighbour have sunlight in their gardens and I have none! Every autumn I have to collect and dispose of all the leaves in order to stop my grass from dying annually. The tree has a preservation order on it so I am therefore unable to cut all the over hanging branches and if it far too high over hangs my garage which has an asbestos roof. The tree is now growing towards my house. I have contact the local authorities and they have said the tree does not belong to them. I have read that I have no right to light. What can I do… I need to put new fencing posts up but am worried as needs drilling into the ground and if it causes damage to roots will this be my responsibility therefore landing me a large fine?
The land is owned by the council and they have told us we can cut the branches back and we have to dispose of the branches. The cost of which is down to us.
It’s this legal?
2 questions, do I have to do anything about it, and do I have to pay to get the tree on their side trimmed back to a more manageable level or do they pay to cut it back to boundary?
We have a very unpleasant neighbour who moved in next door to us15 months ago.
He has now put a row of about 8-10 bushy trees right up against our front garden wall which will eventually grow to 3metres or more and bush out over our front window and block out our light. He has also done the same in our back garden. We think he did this on
purpose knowing full well it will cause future problems when we need to trim any overhanging greenery which comes onto our property blocking out our light.
We understand in law we can trim these trees if they come onto our property, but we know we will have trouble with this neighbour when the time comes to trim these trees.
Any advice will be gratefully received.
He told the garden labourers to come into our garden through the fence which they were replacing and through our tree and cut our wisteria root. He didn’t ask myself or my husband if this was ok to do. It was trespassing and the wisteria is now dead. My husband is furious and the neighbour has also cut all the tree branches that overhang which is awful cutting trees to make them look bare, it’s all because he doesn’t like anything overhanging or interfering in his space.
I have a major issue with my next door neighbour. They have a massive horse chessnut tree in the back garden. The tree is so big that is compare to trees found in large parks or biggers. The tree might be 80ft or higher. It covers half of my 120ft garden. It blocks out light and leaves and hundreds or thousands of horse chessnuts drop into my garden each year.
I cannot use half of my garden and the neighbour resuses to get it cut. In the 20 years that I have been living here. The neighbour have never got the tree pruned and I shell out money once for a tree surgeon to cut the over hanging branches. This cost me a fortune then. Today the bill will also be very high.
Is there anything that can be done legally to get the neighbour to prune the tree and to get the roots looked at, as I am sure that the root are damaging my property and this tree to me is a health hazzard.
They also let trees grow onto my mini shed which is now damaged. They also let their son kick his football constantly in to my garden and against my fence. Its ruined now. Why should I foot the bill?
Can anyone help please as this is causing my stress.
Many thanks for any feedback
The tree has grown to maturity, leaning towards my bungalow with virtually a third of its size growing over my front boundary which is preventing light into my front bedrooms. It is and its branches are also entwined in electricity and phone wires.
I email the council frequently requesting the tree be reduced and reshaped and have no requirement for it to be cut-down as we have birds nesting each year and I have offered to pay for the work myself to keep it trim but I get no response or if they do respond they say that the tree has been inspected and there is no problem. They never answer half of the questions I pose. Do I have the right to cut the tree to a reasonable size taking into account the requirements of BS3998:2010.
My neighbour doesn’t like gardening (yet has a huge garden). He never cuts grass and it’s full of nettles and brambles. I’ve replaced the fence which on deeds is his responsibility however he was happy for it to be down forever following storm.
His trees are over hanging my garden and roots ruining the patio.
I’ve cut the overhanging I can manage however need a professional to cut the higher and bigger branches.
Law states noting I can do for the tree roots which are ruining my patio and garden (they will be in foundations), and I can’t afford to pay £100s to remove over hanging trees.
I truly believe those who have the trees should be responsible for upkeep and damage they cause!
What are my rights if my tree falls and damages that garden room in my neighbours garden?
I need to replace/repair fence. I have sent a polite note but no response. What can I do about this?
I am 73 years old and small, so I decided to call a gardener to trim this small edge at the top and on my side leaving my neighbours untouched
The man next door came at my door screaming at me because the gardener went onto his driveway to collect branches that fallen off.
Really so bad, I live on my in and this man is a teacher! Really?
I have told her that I am not prepared to cut them down but that she is entitled to cut back any foliage which hangs over the fence.
She then throws all the off cuts back over for me to dispose of. Is she within her rights?
I have a country bowls club behind me back fence.
My property has designated parking spots and mine is next to my house besides the fence to the bowls club.
The club has many bushes and a large tree which overhang the fence and come in to our garden and over my car.
I’m not too bothered about the garden. But I have a white car. And the sap which is falling from the tree/bushes is beginning to stain my car. I am cleaning this and bird droppings daily.
I have tried cutting the bushes on my side but it’s too much work and would be a professional job.
What rights do I have? Should the bowls club be doing anything about this?
Thank you kindly
What is deemed to be my side was, until recently, a mixture of trees
and hedges giving me complete seclusion and privacy.
The new owner of the property has dug out and destroyed those trees
and hedges which main roots he considered were in his garden.
I am left hedge, gap, hedge, gap,hedge, gap, tree, gap etc etc for
the whole length of my garden totally taking away my seclusion and
privacy. He has completely ruined my garden.
.
Was allowed to do that?
When we moved in 10yrs ago they gave permission to top one tree and remove the other. When tree surgeon started work she refused for us to remove the tree and was angry the 1st tree had been topped saying this wasnt what was agreed. If they see us the go inside! What can i do??
Regards
John
Trees overhang into my garden and block my light, I am told I have no right to light so quoted right to light act 1959.
They are huge trees but they prune to hand height on their side only! I am left to prune the overhanging branches and anything my side!
Do I have a right to insist they prune my side as trees are theirs?
They are horrible pine type trees and their spindles get everywhere and are impossible to clear up.
Overhanging branches once took my fence panel down but I repaired it as couldn’t be bothered arguing but now I am so fed up of being expected to just put up with it
Do I have the rigjt to complain to the council.Please help!
I am an 88 year old widow living on my own so cannot tackle this job myself.
What are my rights regarding this issue?
I have asked him on several occasions to cut it back, he says he will but this never gets done.
The wisteria is so high we cannot reach the top our side of the fence, and the flowers will drop all over our car. They also have other big trees in their garden and they don’t maintain them at all well. The trees are to large for the size of the garden, and we end up clearing all the leaves up in autumn. Please can you help us, as we need to get this sorted, as they are not taking any notice anymore. Thank you.
On the 25th September of last year one neighbour asked if he could ‘trim the trees and bushes’ a bit more as their motor home brushed against them!
I stupidly said yes, no problem as grime to me means a gentle prune!
He has butchered them by chopping off all branches over the lane back to the trunk of every tree! They now look absolutely pathetic.
I’ve noticed today that he has chopped some more off without asking.
Can we do anything? If so what?
Thanks.
Our side of the fence) we did alert them of this happening and plan to see if they want their cuttings back... but they clearly don’t communicate in the house, anyway she couldn’t see how the fallen branch falling was a complication to her or us because it’s just a tree and “branches don’t just randomly fall”. We’re in a sticky situation because we really can’t want a nice garden for the summer and just for an easier life out there but the tree and their whole garden (honestly it’s bad) is a problem but they just won’t do anything about it. Apparently it’s been like it for years and they’ve always been like it so we can’t do much because it’s their chosen lifestyle I guess. We just want some advice more then take legal action.
Thanking you for any advice.
Hun
My garden is all decorative stone, no grass with only plants in pots.
The leaves make a horrible mess and would fill around 6 large bin bags.
Am I within my rights to dump the offending leaves minus the bin bags back in the neighbours garden?
Not sure it makes any difference but just for info we both rent from housing association.
Absolutely sick of the mess every year.
Dids
My neighbour has a 70-80 foot weeping willow tree with some of the branches hanging over our garden , but is to high to reach so we can’t cut them back , We recently moved to the house and this was the first year we spend the summer clearing our very overgrown garden , and have made it looking really nice but the neighbours tree has not stopped shredding leaves and on windy days even branches have fallen in the garden , we keep trying to clear it up but it’s a losing battle , throughout the year it also blocks out a large amount of light in our garden , now it’s autumn the situation is 100 times worse , we have spoken to our neighbour about it and she got really funny with us but eventually did agree that she would have some cut off in the winter months but she wants us to pay half, if she doesn’t go ahead with it do we have any rights to get something done about it
Thanks m
My mother is the owner of a newsagents and above that is a flat which she resides in. The neighbours trees are well over the 2 metre threshold and there are several of them. The problem is that the branches are coming over onto my mothers property, blocking light and signal, also allowing rats to climb into the attic. The neighbour is refusing to cut the trees, and if my mother is to cut the trees, this will be in excess of £1000. Please could someone advise. My mother is 69 and the neighbour is ever so rude.
What can be done.
Thanks
What ard my rights to enforce them to manage their wood and coppucd their immensely high trees.
Can I throw them back over to them.
Help - he’s an awful, selfish little old man
Are there any legal obligations I can use to get the council to bette rmanage these trees. I don't see why we keep having to pay out.
Is this correct?
Our neighbour knows we only visit occasionally .... but now not since March. Our other neighbour informed us of this happening and took a photo for us.
We have investigated that she should "offer us the branches" but we are not obliged to take them, then it is her responsibility to dispose off them.
We have written to her to tell her all about this and that she is now "flytipping". She has not responded to our letter - 2 weeks ago now and the branches are still there. Not very neighbourly !! She asked the other neighbour for our email address but we have not received any correspondence from her.
What do we now do ? Help
There is a tree in a garden (council residents) which overhangs into our road and is and I’m constantly having to clean my car due to birds mess am I legally entitled to lop the branches thank you
This growth is at height, it is also over our swimming pool, so cones & branches can fall into the pool, which is an H&S. Hazard!
There is no TPO on this tree, what can we do ?
There is one main branch which is coursing the problem, however the branch does not come over our side until very high up, although the small twig like ones do. Do I have a right to still cut the main branch down?
The roots have torn up my driveway and flooded my basement on several locations. What can I do I can't afford.the cost
Sat
A couple of weeks ago one of these tree like parts, fell into our garden in the night. We manages to get it cut up and sorted out, however the rest looks as if it is going to fall on our house. We have a nice garden but I’m frightened now to use the garden. It is really dangerous.
Would we be allowed to cut it down our selves as it is a huge health and safety issue? We have been in touch with the council but they said it is a civil matter.
I would be so grateful for advice as I am vulnerable, because of ill health and the garden is my only only safe place at the moment, because of lockdown.
I would be very grateful for some direction, as what to do?
Thank you
Audrey Smith
However, when the surgeon arrived, the neighbour took charge of everything he did. He told the tree surgeon he wanted the tree to 'keep its shape' and watched him the whole time. As a result, the tree surgeon left many of the branches and leaves intact. The tree is still severely overhanging our garden and we have paid a lot of money just to have it slightly trimmed.
The roots of the oak tree has caused a concrete pillar to tilt. The fence post next to the post is damaged. That portion of fence has broken. Don't know whether it's at all possible to replace the fence because of the roots. We don't park our car in our driveway because of the bird droppings and stuff falling off the tree. Also can't use our patio for the same reason. The gutter of the house is filled with tree stuff. Wondering whether the roots might eventually damage our house's foundations - it's nearer to our house than our neighbours. Is there any way we can have the tree cut down?
Also we have three houses running along our right hand boundary - over the years they have cut back branches and placed the rubbish back in our garden - can I have clarification they can do they can do this without prior permission (even as a courtesy). We have a very large garden, with some very old trees - some of which we are awaiting a TPO on.
I look forward to hearing from you.
Surely this should not be allowed?
His trees and shrubs have not been cut back and it is a relatively small garden, about 40 ft in length.
During this time, these have all damaged the fence that I am responsible for, and pampas grass has travelled through to my garden and very difficult to remove.
His confers are out of control, one of these overshadows my garden and very close to my house, its about 30ft high its branches spread at least 3ft over my garden but are too high for me to reach to tidy up.
Some of these trees, Leylandi, eucalyptus and other shutting have got to be over 40ft High.
The roots and branches of the v ones near my garden have damaged the fence that I'm responsible for beyond repair.
I am having brand new high quality fencing panels put in.
I have asked the tenant to contact the agency and owner to cut / remove the shrubs and trees to prevent damage to the new boards.
He has kindly approached them to get a quote.
Hopefully this will get sorted, the whole house seems to be in bad repair.
If I'm not happy with how much these are trimmed (hopefully removed), is there anything I can do?
There is a shed with decking at the bottom of their garden which is neglected and have vermin in there.
Thanks for any advice you can provide.
Not only that when windy the anther pollen blew over and stain my husbands white t shirt and our furniture cushions.
We have two beautiful house cats that love going on the garden with leads on but every part of a lily tree can be fatal to them if licked. So this looks like another summer stuck in!
They are also growing sweet peas up my fence which look really awful and keep growing through......pls help anyone?
Thanks
We also have a walkway/ alleyway to the Crescent, that is overly over grown. It not only looks unsightly, it is also dangerous, because people are beginning to use this area as a dumping ground for fly tipping. We could also use more lighting around that area.
We all pay towards the upkeep of our surrounding communal area's which has not been upheld.
Please can you get back to me asap if this would be possible in the near future.
Ms J. Barnett
I do have a press clipping from a number of years ago which points to the council owning the lane and bank as they tried to rent the bank to the house the other side of the lane to cultivate, and gave permission to another house further down the lane to extend their access.
Do I have grounds to force the council to trim the trees back?
Thanks
Ray
My friend has a problem from willow trees close to there property. This trees are on MOD land.
Southwest water has been to clear the main pipe and cleared the intruding willow tree roots.
However there is still a problem from the house to the mains that need repairing.
Also they are having to pay a gutter cleaning company each season to clear there gutters and roof tiles of leafs,debris and leaves due to the close facinity of the near closely over hanging branches.
Is it right that the land owner take responsibility of this upsetting delima.
Every day all over my garden furniture
As fast as I clean it.it reappears.al over the seats and path.what can I do
can anyone put me on the right track to my rights please
We have lived in our house nearly 4 years we have spent a lot of money on establishing and keeping our garden neat & tidy and our plants and tress ,bushes etc have always thrived but when our next door nierghbour does his garden he leaves the grass cuttings / weeds to blow onto everyone's garden and his sick trees have actually started to kill the streets trees because he lets the infected leaves and cuttings from them blow around onto everyone's garden. We have asked serval times if he could please clean up after doing his garden, but it doesn't happen
What can we do pleases help
They have re sited the school with the play ground now along out gardens boundary (before it was approx 50 metres from our garden )
They left us with a small wire fence between us and the playground so every time the garden are playing or have PE we don’t only have no privacy but the noise is horrendous
We contacted our local council and sports for England that were the builder and a decibel reading was performed
The noise was well above what should be tolerated so Sports for England built an acoustic fence.
The agreement was after construction a new decibel reading would be done to attain the suitability of the fence and if the issue was resolved
We contacted the council as we have not heard anything and was told the person dealing with our complaint had left
We were contacted by his replacements who has informed us because the acoustic fence has been built there nothing else they can do in this matter,
We feel totally let down the noise is horrendous every day from 8.30 am to 18.30 at night
The play ground needs to re sited in the similar position to its original spot where we were not experiencing this unbearable noise
This has affected my health, my work life and my enjoyment of my home
What can done ? I’m at the end of my tether how do we stand legally
Thank you
Had enough
Thank you.
The neighbour and I don't get along so I wrote a letter explaining the dangers of my tree breaking onto his property and that I would trim it at my expense and would need permission to go on his land. Two weeks later he still hasn't replied.
Where do I stand in trying to cut my own tree to avoid any damage or injury to neighbour please? Am I protected form being sued if something does happen as I've made every effort to have the tree cut?
Thanks.
My neighbour has with in her rights removed an overhanging branch from our mimosa tree which was drooping over our joint fence....however she just bent and twisted the branch and has left that side of the tree badly damaged.. is this considered as criminal damage or an offence of any kind
Is there anything I can do please in view of the imminent danger to myself as well as my own cat and others in the neighbourhood who are fascinated by the pests.
The tenants are very inconsiderate (late night parties etc) so no point talking to them. What can be done? Thank you
I have on 3 occasions asked the school to cut them back or remove them which they refuse to do.
Are they obliged to do this or can I have the overhanging branches removed myself or by the council. According to the law I can do this as long as I tell them what I indebted to do and give them the branches back if they want them.
We are in our 70,s and are finding it harder each year to clean up the mess the trees make with falling sap etc
Your advice would be apprecited
Over 35 years more trees have gtown over the councils fence.
Causing me a great problem
Have I the right to ask council to take them down.My house belongs to an housing associations. Thy put the original trees in.
So this is how the others have been able to grow.So who is responsible my housing or the council
Am I responsible for keeping my tree branches from over hanging into someone else’s property?
Just two days ago I received a letter from a neighbour whose back garden is joined to my left side of the fence.
The neighbour had stated that my tree is too tall and needs to be cut down due to blocking of sunlight.
I believe I have three houses on my left side whose back garden fence is joined to mine and his house is the second one.
The tree is right at the back in the corner no where touching is garden.
As it’s sunny today I have watched where the sunrises from. It’s between tree and the end house and goes above the house and eventually sets in the west diagonally. The sunlight only hits his window when it gradually moves during the day. Again the tree is no where. I am really having anxiety issues as keeps threatening me with legal actions.
The tree had been there before I bought the house 13 years ago. We have never once received any complaints from him or anyone else matter of fact.
I found out he had made the same compliant to two other properties. One of them in stress cut his tress when it was again no where near blocking any sunlight.
Please can you give me some advice.
Many Thanks
Urgently need your advice, DS
Thanks
The sap and bird droppings are causing significant damage to the cars of several of us in the building.
Our managing agents have contacted the owner of the tree and have asked them to top and cut back the tree which has to be about 50ft tall.
They were contacted about a month ago and still haven’t responded.
Is there anything else we can do?
I recently returned home from work to discover a tree which was firmly located upon my property had been chopped down leaving only a stump on my property. The branches which provided fruit in my rear garden where they were located and shade on my shed roof, all on my property, were gone.
The missing timber was nowhere to be seen.
The tree had sentimental value, being a favourite of my Father when he was alive.
I belive that the tree, a fruit bearing elderberry, was felled during maintenance perform by network rail.
I feel trespassed.
This feels like vandalism to my property. A violation.
Please may I ask your advice or assistance with bringing my dismay and outrage to the organisation responsible.
Ian
Thank you in advance
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.
Thanks
My late partner was deteriorating in health and he was not able to cut the trees for a couple of years. Eventually new neighbours moved in and when a friend came to cut the trees down for us both he and my late partner were shouted off. The neighbour claimed they were his. The trees looked odd as all the side branches had been removed ready for felling.
After my partner died the fence rotted away and I mentioned several times to the neighbour that I would appreciate it if he replaced the fence. This went on for four years until the fence panels were flat to the ground. He denied it was his fence and I had to show him my deeds to prove it was his. I offered to pay and get a firm in but he said he would do it. Whilst I was away he replaced the fence moving it over and incorporating the trees in the line.
Over the years whenever I have tried to talk to both him and his wife I have had a verbal blasting and complete refusal to discuss the matter.
Measurements from the boundary marker the other side of my property prove the trees are on my land and a chartered surveyor has examined my documentation and confirmed this. I requested to discuss the matter again but received the same objectionable response, a ‘signed for’ letter was sent stating that I was disappointed that they would not discuss the matter ,that I was going to remove the trees and that The fence should be realigned. I gave them two weeks to remove the bird boxes and detach the existing fence from the trees. After several weeks and no response I had the trees felled. The fence has not been moved and of course they did respond when the trees were gone but by blasting me and now a complete wall of silence. If I went to court it would cost me a lot of money which I can I’ll fford . Is there an inexpensive way for me to resolve this matter?
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.
A neighbour only becomes liable for damage from tree roots or overhanging branches once they become aware that their tree is causing damage and then only become liable for future damage not for any damage which occurred prior to them being made aware
Also the natural dropping of leaves,sap and seeds is not considered to be an actionable nuisance and any clean up or remedial work cannot be charged to the tree owner.
For someone to sue and gain compensation they need to show the owner knew damage was occurring and also need to show a case for an actionable nuisance which seasonal leaf fall is not
Tree Roots
'You are entitled to dig up and remove any roots that have encroached upon your land. '
However should you remove a large root which causes the tree to fall your actions could be deemed to be reckless and could find your self in court if harm or damage occur.
'Roots can cause a lot of problems and if they’re deep and/or causing subsidence or any other form of damage to your side of the property, you might need to get a tree surgeon or some other kind of structural engineer to deal with the problem.
It’s always better to discuss this with your neighbour first but if an expert does have to be called in, it’s the tree owner’s responsibility to foot the bill.'
No it is not . You may be able to force them to remove the tree if an experts report positively identifies the tree as the cause of the subsidence but you need to show they knew the trees were causing damage and then failed to act . Even them they would only be liable for future damage.
Only answer is to remove it
R
The branches have overgrown and neibhour has cut them back ,
Thats fine .
Root of tree has grown into her side take in mind over 100 years old .
Over the decades it cracked her path .
She dug it up and wants me to foot the bill . Do I have to ? She can cut root
I already rang the renter twice and two different people gave me two different answers.
One said no and the the other said yes?
Do I have to get it cut back and if not ,am I liable for having his gutters cleared ?
He has only been in the house 2 years ,and I never had the problem with the previous owner
My neighbour complained about overhanging branches from trees/shrubbery on our side. He has essentially hired someone to take care of the problem (no action has of yet taken place) but the neighbour wants us to pay for the cost. The issue we have is that we rent the property and 1. While we have a clause in our tenancy to maintain the garden, in my view this is beyond standard maintenance. 2. We neither own the property nor the land it is built on. I have cut back branches where possible, but much requires a professional tree surgeon, which for the reasons given, I'm not prepared to pay for . Does anyone know where I stand? Thanks
Good morning, I wanted some advice please. Can my neighbour hang items on his fence but on my side of the garden. They have been hanging horrible looking bamboo nets on their fence but on my side. Can I take it off legally. You advice will be much appreciated. Thank you in advance
Our Response:
Does it protrude into your air space?
ProblemNeighbours - 27-Jun-18 @ 3:01 PM
The bamboo net is hanging on my side of his fence. It looks so horrible that's why he decided not to hang it from his own side. As he owns the fence he is being difficult and hanging stuff from his fence but only on my side. If air space implies land from the fence onwards then yes.
I would like all the branches cut back to the boundary line but can't put a planning application in as the tree doesn't exist I need a number for the tree.HELP
Where do I sit legally if the tree falls down and causes damage to my neighbour's property? If I would be liable for any such damage can I get the tree felled now; can I force my neighbour to give the tree surgeon access to their garden, putting felled branches on their lawn before disposing of them?
We cut it back as far as we can reach.
It is now about 30ft high.
In fact the branches are now as thick as a tree.
No dialogue with the neighbour.
We are considering putting our concerns in writing.
What are our rights if any.L
Along his neighbors boundary there is a long hedge and a tree. It’s a mature tree ,that I suspect has been there longer than the occupants, growing out of the middle of the hedge. I can’t tell whose garden it is in.
Recently the neighbors cut branches on their side and dropped them into my dad’s garden. Needless to say, I was unhappy with this but my dad wanted to avoid confrontation.
My questions are:
1) how do we ascertain who is responsible for the tree?
2) the hedge is long and takes a lot of maintenance. Are we entitled to return their hedge trimmings to them?
Whilst I appreciate that there will be concern regarding the pettiness of my questions, these neighbors are already a nuisance.
I have Leylandii hedge on my right boundary. It's branches have slightly grown across the fence into my neighbor's side. My neighbor has been trimming the overhanging branches for the last several years, now they asked us to pay someone or get it done ourselves. Just wanted to know where do I stand here?
If, as a gesture of goodwill, we trim it once or twice will it create any constructive obligation on my part?
But they have now grown to about 5 feet and are blocking my window.
They are on his property but I have legal access to maintain my property.
Could I chop down the trees as I'm concerned that the roots will go under the footings of my house.
Thanks
Nick
I felt disappointed so I want the certain HOA Pres. to talk with me in the Barangay Hall but they ignore..I have gone to the Barangay twice but still they refused to come.
I just want them to observe the fruits of my coconut tree what will happen..now the fruits begun to fall down becoming useless waiting for june 15, 2018 for the re-scheduling for the hearing..
My Question is are the HOA Pres. and the tanod LIABLE of what happen to my dwarf coconut tree? Such tree were my source coconut milk for food, buco juice early morning for supplement medication UTI..
Where do I stand legally and morally please?
I have been very polite and pleasant but she text me whilst I was on holiday and called even though she New I was away. She has told me she wants the ivy off a another tree that is really not causing her any problems whatsoever.
Thank you very much for any advice.
My neighbour has just told me that she is having the overhanging branches of a tree on my property cut off by her gardener. I am slightly worried by this as I would prefer that it was done by a qualified tree surgeon who has insurance. Can I insist on this? Or do I have to have it done myself ifI want a tree surgeon?
Thanks
'bel
When I was out they cut the branches back to the tree truck which is on my boundary they have cut 4 off the trunk and the tree looks terrible I am fuming as I would not do this to anyone’s tree.
What can I do as when I confronted him he is not bothered as to the damage he has caused.
Obviously it was never meant to be there, it leans and is of concern when the winds get up.
Can we cut it down? Officially it is on what we would assume is council owned land.
i am wanting to plant a few shrubs along the boundary to give a bit of colour, thing i am wondering is what if it encroaches onto their drive or overhangs a little as it grows.
would they be able to ask me to dig it up .I dont want to be wasting my time and or money
Almost the moment I moved into my property I had one of the neighbours behind me come round asking if we wouldn't mind getting the overhanging branches cut back. At the time I said to him that he was welcome to trim them back if they were annoying him. He however stated that they are my trees and my responsibility and as such I should pay towards it. He got upset and left muttering... jump forward 7 years and he has started asking about this again stating that the leaves are a nuisance in his garden. Once again I reiterated that I was happy for him to cut them back and once again he stated that it is a cost that should be borne by me and that his solicitor has advised him that I am responsible for this and that he is prepared to serve me 30 days notice and see me in court.
I am seeking opinion here as I don't believe it is my responsibility to have the trees cut back and certainly it should not be at my cost. Please could someone advise if it is indeed a) my responsibility to cut the overhanging branches back and/or b) if it is on me to pay for any cutting back of the branches.
I am fairly sympathetic to her situation, but also feel that she's been overly aggressive in her approach to us. This of course doesn't impact on whether or not its our legal responsibility to do anything.
Am I right in thinking that we have no legal obligation to pick them up? I do feel that it's the decent thing to do, but am not happy about how she's approached us. If we do help her with them I'd like her to understand that it is because we feel we should, not because of a legal obligation.
We have a fence between us the entire way; what I disagree with is the person who has cut them back has not just trimmed up to the boundary but also about a foot into our garden too. The tree is no problem but the hedge looks bare and destroyed. I Just wanted to know if this is allowed on her part as I wouldn’t want her to think she can do it again to the hedge further up which currently looks untouched. Unfortunately I do need to find this out as the neighbour believes the world revolves around her. For instance last year she told us we have to kill the ivy growing on the fence (which we like as it adds a bit of colour) as it was damaging the fence (which coincidentally is our fence) out of pure guilt we trimmed it massively and this was when we made the request to trim from her side). We are not unreasonable neighbours and do consider others when maintaining our garden and boundaries.
Any advice would be greatly appreciated
This causes me a number of problems, firstly I am constantly having to clear the leaves ( and not just a few, I mean lots and lots of leaves) which takes up lots of time and effort, this also fills my green bin each time meaning I cannot use the bin to put my lawn trimming in until its emptied some times up to 2 weeks. Secondly I am constantly having to clear branches that fall off the tree and have more recently broken tiles on the roof of my shed. Thirdly, when the tree blooms it completely blocks all the afternoon sunlight.
The tree has only ever been pruned once in that last 12 years and is a real nuisance.
Having read up about whose responsibility it is to prune the tree, it looks like the responsibility could be mine (although I am not 100%). If this is the case then this seems extremely unfair as pruning a tree of this sizes would cost thousands and I am not the owner.
I would really appreciate any advice on what I can do about getting this tree pruned without having take on the cost. Surely this must be the owners responsibility.
Kind regards,
I have a very unreasonable neighbour, I have just put a pretty tree in a pot in my garden in front of her window. At the moment its just very slender branches and white blossom, eventually it will get leaves.
She banged on her window screaming at me to move it as it blocks her light. Rubbish, you can see right through it!
However I'm a little concerned that she might take matters into her own hands and cut some branches off from her window. Can she legally do this?
We have a small strip of council land at the end of our garden. It used to be a public footpath but over the last 20 or so years neighbours have claimed the land so now the council have no access for upkeep. On this strip of land there is a huge sycamore tree and the tree trunk is bursting through the metal fence and into our garden, it's leaning quite significantly and has actually snapped the metal bar on the fence. The council refuse to remove it, saying that decaying roots will cause issues for a brick wall at the other side of the tree. We are getting an extension and digging for the foundations is likely to cause the tree to lean into our garden even more. Are you able to let us know if there are any laws that help us. We've been trying to get the tree removed for 4 years now because it's so imposing. Any help would be hugely appreciated!
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".
my query is that table 4 on the government website implies that compensation is limited to the cost of the timber. I just wonder if there is case law to show that house insurance will pay out when the LA has refused applications
a neighbour has had a report by a tree surgeon to support his application and even then it was refused . I want to appeal but cannot find any supporting info to help an appeal. any suggestions as to where to look?
I work for a charity which owns a building and garden, the neighbouring garden is totally neglected, and there is a very large tree that hangs over the charity's garden very substantially, were it left it for the next few years, it would fall down and possibly damage the charity's building because of its size. In this scenario, legally, who should be paying for the tree to be cut back (this requires access to the neighboring garden)?
With thanks.
He responded by stating that if the branches are over 3.5 metres long then I am legally obliged to pay and if I do not pay in 14 days I will be taken to a small claims court. Is it my responsibility?
I have asked then to stop however he now claims these are causing further damage, to his garden.
We had a row of mature trees behind our gardens which blocked out (some of) a great big industrial shed. The owners came in one day and just cut them all down. We are all devastated.
Do we have any rights as those trees provided pleasure and joy to us all, full of birds year round and, obviously, blocking out an eyesore so close to us?
The large rose bush has damaged my fence and the large tree blocks out all my light let alone fills my garden of leaves in the autumn, what’s my rights. He also have I’ve hanging along all my fence right the way down the 80 foot garden
He has 10 leylandia trees which border our property but which are all on his land. In the snow two weeks ago a large branch broke off and landed in our property. Today's snow is much wetter and a further 5 or 6 large branches have come down, one of which landed on our stable roof. There are several other branches which look very unsafe and liable to come down. To remove these branches will be a major project which is quite beyond me (I am nearly 70). What are my rights? Can I require him to pay for the removal and disposal?
My neighbours tree branches overhang his boundary and causes scratches on the top of my van
Can I trim these branches back that overhang his boundary
Am I entitled to remove branches on my side as neat as to the trunk? I would also like to trim back branches on my side which hangover pavement as debris (sap like fluid) is covering my car in summer months.
I today trimmed the top all the way across and the neighbour came around kicking off telling me to ‘leave their side’.
As I understand it’s our hedge so I have a right to maintain it even on the top where it goes over the boundary???
They just leave it to grow. Long story but they won’t let me round to clear up cuttings either.
Ultimately it’s rooted in our side so I think if I chose to I could cut it down as low as I want?
I simply want to maintain the current height all across the width of the hedge including the part over the boundary.
DO I have to do this, I can't really afford it.
Also if I volunterred to cut some of them on their proerty would I be making myself liable for any perceived damage?
Thank you
The neighbour thinks that I have to cut the branches back, but I have asked around and I've been told the contrary.
It blocks the sun in the evening and covers our garden with leaves.
Please could you advise?
You have clearly explained the law relating to the cutting back and disposal of branches but my problem is with fallen leaves. My neighbour collects them up from his property then throws them over the fence into my garden; his reasoning is that they are my leaves and he has a right to dispose of them in this way. I would be grateful to know how the law relates to this (albeit petty) action.
Thank you.
We bought new trees but put them on their side as there was more room.
What really now irritates me is that she will come into my garden and trim them from my side.
I have asked her not to do this as I don't like to see her dustbins from our side and I am trying to grow the branches to obscure this.
She has obviously been in again this week without permission, cutting / trimming the branches. How do I legally stand ? We own the fence and paid the majority cost of the trees.
Her reason for cutting was to give more light to her plants.!
In the autumn branches often fall from the tree endangering the conservatory (6m square).
I want the tree to be pruned. The house building company says the management company can't pick and choose what they maintain and it is down to them. The management company say it is down to the land owner to prune. Who is right ? What options do I have regards cost, as this is a 80 foot tree, if I were to get someone to do the work?
I have 12 conifer trees in my garden all lined up between me and my neighbours garden. All trunks are on my side of the boundary line. Over the years these have overgrown very high and block sunlight in my garden; as there is no fence between our gardens these trees act as a fence giving us both privacy. Due to the over growing height of the trees I recently got a quotation to have them trimmed down to 7ft high (around 80 inches) in keeping with both our privacy. As I am civil with my neighbour I asked her if that would be ok with her. Surprisingly she has got back to me saying that they are not blocking any light in their garden or causing her a problem; and so she is not happy for us to trim these down. I have explained that they will be at least 7ft high giving them plenty of privacy but she has refused to have these cut down. As they are my trees, on my side of the boundary line, is it legally okay for me to have these trimmed down to 7ft high without her permission?
and even let me into their gaden to do it as I offerred to do at least once but although i have been up the ladder this afternoon my daughters insisting I dont do that and shes annoyed and thinks they are taking advantage.. will the council make me responsible.. i didnt plant the trees just maintained them
They needed an ambulance the other day & it couldnt / wouldnt go along the drive & they ended up attending on foot & getting my mother to the parked ambulance by wheelchair. Luckily they didnt need the ambulance equipment. The reason they couldnt get was the bottom land of 1st house has 3 very large [ meter wide trunk ] trees in a row, that the owner has now built a new fence behind thus creating impression that they're not his responsibility !
On the left is mostly small trees, brush, weed & some evergreen laurel bushes for about 60 feet. Its pretty well left to its own devices & is thickening all the time & hence you can only get down with a car & even then it rubs in spots.
What are our options / rights with 1. the trees on the right & 2. the hedge/ bush ect on left ?
Any help appreciated greatly
We have overhang from neighbours on every side. The worst is a 30ft high pine tree. The lowest branches have been lopped but most the rest overhang. The debris in our garden is dreadful. I have to clean the children's trampoline from pine needles every few days. This fills a dustpan and brush. To cut these back would obviously require our neighbour to get a specialist. Am I within my rights to request this? Thanks
It doesn't bother me, but the neighbour wants to cut it down today, she told my wife that someone is coming in an hours time, and she expects us to pay half of the cost.
I told my wife that we would not pay half, as mentioned - I don't mind the tree, but if she wants to cut it down, then she could (I think my wife gave her permission to do that?), but I won't pay half the cost - is that okay?
I asked them to cut them back, as they were blocking out the light to my house, also they were overhanging my boundary by about 6 Feet, Also they were causing problems with the gutters and one branch was nearly about to bring down the Telephone wire, I asked them to do it, They said they will only cut what is on their land, as to come on my land, they are not insured, I said what then happens, They said, Cut it yourself, Which I then tried, But unfortunatly I fell and broke my Back. Can I now sue them?
Thanks
Thanks
Thanks for this.
My neighbour has cut my tree to the boundary, though without consent or conversation thats fine.
However, who is responsible for clear up?
Are they allowed to throw the branches into my garden?
Thanks
J
Today the Housing Association requested permission to cut the tree down. Surely they can't do that?
My tenancy states that I'm responsible for the maintenance of all trees, hedges and plants within my property.
The neighbour claims there is a covenant covering the trees, but the only covenants pertain to the right of access to my property and to the use of the well. The neighbour is also claiming that title deeds and covenants mentioned in the title deeds is not in the public domain.
Do I have to negotiate thru my landlord, if so this will take ages as my landlord is an offshore investment company.
What rights do I have please?. I'm wanting the overhanging trees to be pruned back to the boundary line and to be compensated for the damage to my vehicle, caused by the neighbours tree. The neighbour informs that as a tenant I have no rights in these matters. I've checked with the LPA and there are no preservation orders in place on the tree.
Can I cut back what is touching my property?
I previously asked him to cut back his large conifer trees which are on the opposing boundary line as they were blocking out sunlight into my garden. He refused and during storm Doris one of them was blown over and severed my phone lines. His house has been up for sale for around 9 months and I believe that he is turning a blind eye to any potential neighbour dispute to avoid any complications should he get a buyer for the property. Since storm Doris we have asked him again whether we can pay to do 'something' with the tree however he refuses t see it as a problem. Your comments would be appreciated.
I used to look out on to the Grand Union Canal, and could watch the boats in the summer. I have lost my view, and all I see is bush.
His wife died, and now last week he died too. How do I get my view back and gain the value of my house?
The tree is under a preservation order but creates so many problems and it is very costly cleaning up after it constantly.
As the tree belongs to them should they not be responsible for the management of the tree.
I have given them back a lot of branches and leaves, but been told that is fly tipping by someone from the council, is that true.
This tree is a constant menace with our cars being constantly sticky and they have to be washed every time we take a car our.
Your advise would be welcomed.
Very best regards
Edward McCarthy
he has since moved but still owns the property but has it let out.
we have been in touch with him and he has visited, looked at the trees and said that we could cut how many we wanted, at our cost, but they are not his responsibility as he planted them on common ground.
Is this correct?
Thank you Steve.
If you think the tree is dangerous you should mention it the owner or the tenant. They can then get it checked over by a professional...if it's then established that the tree is dangerous, the owner can be held liable for any damage done by the tree to your property.
I reported this to the managing Real Estate for them to ask their tenant to remove the branch from my property, but no action had occurred. I have not approached the neighbour myself.
Could I just throw the branch and others I discovered back?
Where do I stand?
No matter how much i tidy my garden the red robin is acting more life a shield than a pretty hedge, i live in a small culdesac and all the other houses on the road have open front space with blockages to their front windows with tall trees or hedges.
what can i do. Please advise?
Sue.
Advise required, My neighbors tree (Silver Birch) i think overhangs on to my back garden, this i don't mind but the roots have started splitting my my concrete path in several places and roots can be seen on my lawn. i'm also concerned the roots are starting to reach a drainage system. Who should be responsible in organizing a survey to check the damage and further damage the roots may cause in the near future. Also could i claim against them for the damage already caused or should a barrier have been installed on my behalf.
Thanks
My neighbour only communicates by sending me solicitors letters unfortunately & has sent me one stating I have to chop all the branches of the tree back that hang over into his garden as he can't physically do it & if I don't he will instruct someone to do it & send me the bill.
The the tree is not causing any problems other than that & due to the fact it's almost on the border so removing the branches which are particularly thick. Will mean I almost have to cut the tree in half.
Where do I stand on this?
Our neighbors have 16 trees growing in their garden which border along side our garden. When we moved into our property we asked permission from them to cut down all the branches that were growing into our garden- no problem. However now the trees are continuing to grow higher than our and their house and starting to block light into one of our bedrooms. Our gutting on the conservatory is also increasingly getting blocked along with the gutting on the back of the house. What rights do we have. Ideally we want all the trees to be chopped now.
Regards
The house that backs onto the bottom of my garden has huge fur trees. The house owner has cut the top 10 feet or so off the tops. My garden is now covered with large tree branches which are too big and heavy for me to move.
I called around to his house yesterday, despite there being 2 cars outside there was no answer, I also called around this morning - same no answer, therefore I have posted a polite note asking him to contact me with a view to removing.
I do not think I will get any response - pls advise what else I can do. I suffer from back problems so I cannot more.
Also the trees overhang my garden by about 8ft, so nothing will grow at the bottom. I have requested that he cut them back before - years ago to which I recieved a totally negative response. Pls help.
My conifers have been there for over 20 years.
I understand he can remove the roots that grow into his garden but surely he has no right to remove my trees?
Any advice appreciated. Thanks.
My neighbours have a huge eucalyptus ree in their garden, only a couple of foot from the dividing fence, which is mine.
The tree roots have previously started to force up the concrete fence posts, so I spoke to them (we have history of problems, but we now try to stay civil) and explained it was damaging my property. They 'couldn't afford' to contribute to the removal of the root, so I foot the bill to avoid further damage.
In the very strong winds we've had overnight, the tree has started to lean inwards into their garden, but this is forcing the bigger roots up and my fence posts and panels - the ones I've just paid to have repaired, are being forced up again, but this time much worse. With every gust, the ground moves up and down by at least a few inches - I videoed it on my phone and could feel the garden moving under my feet. I need to have these big roots removed asap, but I know for a fact they won't offer me any money for the tree surgeon. I'm aware that if we remove very large roots, it could kill the tree. Where do I stand on this?
The tree, depending on time of year, are constantly shedding leaves or its fruits onto the space allocated for my parking.
The trees throughout the year block out around 90% of the light into our two bedrooms that are at the front.
The people have shown no interest in reducing the size to help the situation.
What, if anything are my rights?
What is the situation please with a tree growing on a piece of land that is being neglected, or where the owner of that land as registered on the Land Registry has likely passed away and the heirs are untraceable? The land in question is an alleyway between the gardens of two opposing properties, but none of the properties abutting to the alleyway own the alleyway itself.
The particular tree of concern is encroaching across the boundary of my land and has grown overtall and is blocking light. It just needs some trimming back and the top cutting. If I arrange for the work to be done what is my situation legally speaking?
Thanks,
During the first months we became friendly with the neighbours.
All but one of whom was very understanding about conifers that border our property.
The trees stand within our boundary and we make sure they are trimmed bi annually to ensure they do not encroach our neighbours land, airspace or views.
However there is a silver Birch that stands in one garden that is now well over twice the height of the neighbouring houses (All bungalows). When asked if this neighbour trimmed the tree, the response received was very aggressive, and No it was not getting trimmed it would be allowed to grow! Since then the neighbour has sadly passed away, and I have nor wished to raise the subject with his widow. Although the tree does cause shadow over half of the garden in the summer, if it grows much further it will be reducing the light falling on my Solar panels after 4pm during the summer. I do like the tree , it is very pretty but it's a real pain with regards to seeds and leaves. It's just getting TOO tall. Any suggestions?
Where do I stand with this? What can I do? What law can I refer to?
anoyed.
The trees are so large that they now block out almost all of the daylight. Are the legally obliged to do something about this situation.
Not only does it block off a lot of light, it is extremely over grown and unkempt..... The branches bow down into ours but the tree is so big and over grown I wouldn't risk my husband trying to cut the branches down..... It's pushing my neighbours fencing down and I'd hate to think what the damage is the roots are making , thankfully it's at the top of our gardens and not near the boundaries
The mess it's making of my garden is a disgrace, it's just a thick layer of dead leaves
Who would I have to get in touch with to find out who the tree belongs to please
Can we ask them to cut the branches back to the border or am I entitlted to do this myself? This is quite a large tree so would probably require proper tree surgeons (therefore expensive).
Do i have the right to ask him to cut it back?
Is he allowed to take it off?
Greenery was trimmed back to bare branch, but that bare rogue branch is still there. Tonight my neighbor has returned to my door. Angry and aggressive and saying she has been nice to us "up until now" but that it's been four months since my husband first started and the job isn't finished. She's demanding that we return to her property and cut the rogue branch away and refusing to listen to me saying since it's in her property she should cut it back to the boundary. Where do we stand on this? These hedges are hedges we inherited when we moved into the house a few years ago. We do attend to them at our side twice a year keeping them as tidy as possible.
We have a hedge on the edge of our property which belongs to us. Are we responsible for keeping the hedge tidy on the neighbours side?
The last time we trimmed it, the neighbour complained about the few leaves that ended up on his property and threatened to seek financial compensation if his pump got clogged from leaves in the future.
We have always taken utmost care by covering the neighbour's property before trimming and hoovering any leftover leaves after, so the amount of leaves the neighbour is complaining about is minimal.
Can we stop trimming the neighbour's side of the hedge to avoid future problems?
What happens in this instance and who is responsible?
Are they allowed to be cut down?!! I don't want to look out in to my garden and see the back of other houses, laundry lines etc etc
what is left of the main trunk is rotting, but i want to put a shed next to this. if the tree damages it am i to blame, since it will eventually fall on my property
My conifer tree hangs over my neighbours fence, I have cut it so it doesn't make contact with the fence. She has asked me to have the overhanging branches cut off as the leave bit in her garden. This tree is very very tall, and would need a tree specialist. As the tree doesn't bother me, and I have no intentions of cutting it down, who is responsible for the cost if she wants it cut back?
Thanks Sarah
As the branches are too high for me to cut myself (which I would happily do) they said I could pay to have them removed, but I have been quoted £300!! Which I can't afford, whI should I have to pay?
Can I please have a response. I have asked this question 3 times now & just need a simple yes or no.
I can not scroll down further than the previous 5 questions & pretty sure ive had no reply.
Can I cut a flower bush including the flowers thats over grown into my garden?
I am fully aware you can cut bushes & branches but can you cut flowers?
Thank you
Secondly, how do you know who is responsible for the fence/boundary between two properties? I've heard it's left hand side facing out from the door?? I'm fed up of the same arguments all the time!
I leave in a converted house, on the first floor. There is only ground and first floors.
My neighbour has a wide garden at the moment, it has not been moaned for long months and they have an anused water tank , full with water.
I have already told him that I got beaten by insects wich never happened for the previous 15 years which I leaved here.
His tenants have stopped cutting it and in addition to insects we also have lots of foxes making noise all night long; therefore not allowing me to have a deep sleep.
Also, next door neighbour house has been unhabited for at least 2 years and the garden is very wide, with pots with water and also attracting lots of insect and foxes as a consequence.
Is there any law that I can mention that says that back gardens must be cared for and that containers nad empty vases should not be left lying around?
I am no longer oppening my windows fully (in summer) to avoid insects getting inside.
Regards Donna
Thanks
The are too high for me to cut without getting professional help. Is this something that the council is responsible for or do I foot the bill.
A). Insist that these trees be removed or
B.) Have them cut back and throw the cuttings over the fence so that they have the problem of getting rid of them.
The house is privately rented and the tenants are only interested in playing football. This presents other problems I will not go into here.
Look forward to hearing from you.
Evie
I would ask my neighbour to trim this but she is vey uncooperative. Where do I stand by law if I trim this down which includes flowers & put them back on her side of the property?
Our issue is that recently my elderly [ 86 ] father had a stroke & because of the way the hedge on left & trees on right have now grown the ambulance was unable to get access & even the paramedics had to walk the 200 yards to the house. It is possible to get to the house with a car but anything larger is a problem. As my parents are now too old [83 & 86 ] & too settled to move i want to ask if there is anything we can do to resolve the access issue ? One householder has had a wall built inside the trees to almost infer that the large trees are outside their property ! Also as its inevitable that in the near future i'll lose my parents & the house will have to be sold & removal vans involved. How do we stand if only a car can get access ?
The ambulance issue is my main concern & if anyone can give me advice as to what we can do [ if anything ? ] i would appreciate it.
Thanks in advance Keith
We have moved into a new build house and chose the plot we are on cos of big tree inc sycamores and elm near to house at back and 2 at side. The branches from most of these overhang the gutter, veranda and large patio at the back. We didn't realise that black stuff would fall in large splodges all over the the veranda and patio that is slippy and sugary. There is limited light around the back and side garden.
We have a tree surgeon's report submitted to the council and are awaiting reply from the TP Officer.
But, are we allowed - with the TPO,s permission - if we get it, to cut back branches from over the roof and gutter. Also to allow for light to reach the gardens? We just want to be fore-armed with knowledge and it's hard to find facts.
Thank you in advance for your help. We dare not do anything ourselves of course, without permission.
My lovely neighbour has several silverberch trees in her back garden at about 70 ft tall of which the branches are over forty foot tall and three metres into my garden causing loss of view the the estuary where we live and also loads of leaves and seeds finding their way into my garden and house in Autumn. Put it this way, if the fell over, they would easily hit our house.
Additionally, she has conifer trees at approx 50 foot tall all over hanging my garden.
She is a very difficult person to speak with. Works for the local council. We are at the end of our tether. She doesn't attend to her garden as we like to with ours.
What do you suggest?
Trespass - for standing on your fence
Fly tipping - for throwing branches onto your property
Criminal Damage - if the height of the tree is reduced or significant damage occurs to the tree.
A tree surgeon was called for their opinion. They confirmed that the roots were in fact from the conifers that were in their garden.
The tree in question does overhang their drive and has probably done so for a significant time, well before we moved here. The tree is not posing any imminent danger either.
No claim has ever been made against the previous owner or ourselves regarding damage to cars, yet today this is their new issue.
The neighbour wishes for us to have the tree cut down but as far as I can see the issue is just overhanging branches, which they could have cut back when they first started overhanging (probably about 20 years ago).
Since there is already confirmation that the roots damaging their drive are not from our tree and they could easily trim the branches that overhang, and then throw them back over, do we need to take any action at this point?
I feel that even if we offered to cut back to our boundary they will still complain that the tree is not completely coming down. They have already taken their conifers down and a tree in another neighbour's garden was brought down for them.
Any advice please? Are we being unreasonable in wanting to conserve a tree? So many have already been removed!
Packaging.
2. We live in a Roural part of the city were rodents sometimes like to visit the garden, I have been putting bait killer down on our land away from animals and people alike and still get complains from neighbours.
3. We have a 5ft round hedge tree in our front garden and I trim and keep in shape regularly to avoid over growing yet my neighbors cut our tree clearly when its roots and foundations grow on our property any help?
They expect us to foot the cost of taking the tree down, I have no wish to take the tree down at all, and certainly not the money for the cost.
Can I advise them that I am happy for them to take down the overhanging branches (at their own cost) and be done with it?
The law needs changing stop people from planting large trees in small suburban gardens and to maintain or fell trees that cause a nuisance for neighbouring properties. These large trees that are only suitable for very large spaces should be sold under license.
Recently a 20ft branch / bough snapped off our neighbour's tree and fell on top my shed. Fortunately there was no damage, but there are a number of similarly looking branches that could shear off.
I've taken some photos and shown them to my neighbour and have suggested that she seeks advice as to what to do with the remaining, precariously attached branches. She's reluctant to instruct a tree surgeon because of cost and is somewhat advanced of age.
The tree is very old and seems to be struggling to fully leaf each year and I'm worried that the situation will only deteriorate.
Any thoughts / comments appreciated.
Cheers,
Steve
Many thanks
Efty
Do I have to pay for a tree surgeon? What are my rights? Thanks.
1. Have the tree removed.
2. Be compensated for the damage to my garden.
I have spoken to the neighbour and unfortunately was unable to reach an agreement for the work to continue stating that the work should be completed from our side and that the tree surgeon is not allowed to climb the tree.
The trees are within 4-5 metres of the property and lights in the kitchen have to remain on constantly as it gets quite dark in there.
so, i now have a few questions:
1 - as the neighbour cut the height to the fence line on their side - am i within my rights to level off on our side?
2 - are tree surgeons allowed to climb the tree even though the tree is on our neighbours property to cut the top that overhangs?
3 - is maintaining the height of the tree the responsibility of the tree owner regardless of whether or not it over hangs my property?
I thank you in advance for any responses.
Id like to point out I CANT speak to this lady verbally I have to speak to her by letters posted through the letter boxes as she threatened to shot me in the head last year (2015) and its what has been decided as our way to communicate.
I'm asking because ive been told its illegal to throw her branches away or keep them?
My question is... are you sure the tree is mine despite the fact that the whole of the trunk is over his land but not actually on it? If so I am more than happy to make moves to have it removed. We have a neighbour dispute so I am not able to discuss this with him. If I took the tree out regardless what would be the repercussions if he could prove that the tree was his?
I really would appreciate your advice as I am worried about life and limb at my property is the tree should fall.
Until local authorities realize that freedom to grow freely "whatever" (pestilent varieties excepted) in our tiny gardens, without need to refer to the local authority, disputes over boundary trees and hedges, in this very crowded society, will continue to be reported in the media. Common sense seems to have 'gone out the window': developers are steadily building on smaller and smaller plots; unfortunately the plants - especially trees - can't tell the difference and for some people the invasion of the Triffids could be a better option; at least they might just eat the people who were inconsiderate enough to plant them in the first place!
From what I understand about this Act - bearing in mind that today's landowners are most probably sitting on less than one tenth of an acre of land (if they are lucky) at 12 houses to the acre (including roadways and footpaths) - owners can pretty much 'do as they please' without fear or favour as far as planting what they like, where they like is concerned: I have heard of no monitoring or policing of any landowner's activities under 'the Act' so, on the evidence, what I say is more than probably true; they can and do plant 'how they please' and are not at all legally obliged to give any consideration for their unfortunate neighbours' quality of life or right to enjoy their property, what-so-ever.
I grant exceptions exist; not least Japanese Knotweed, which is now officially declared a pest species and is notifiable to the authorities if found on one's land.
On the other hand should a neighbour be unfortunate enough to be impacted by a next door neighbour's 'gung ho' attitude to planting large trees and shrubs dropping leaves and sometimes branches, as well as casting deep shade - sufficient to promote, impossible to remove moss growth - he or she has limited recourse to "justice" as the weight of "right" is heavily biased in favour of the 'offending' landowner/perpetrator. Indeed, if a disgruntled neighbour (not unreasonably) seeks to ameliorate the situation he/she will definitely find themselves in a long and expensive battle (which they might not even win) to secure some relief from the blight the leaves, branches or shade, or indeed, all three is/are causing.
The solution is, to put it into the vernacular, "a no brainer". By the same token that one must apply for planning consent to erect a man-made structure on his/her property - taking into account, ironically, the effect it might have on the nearest neighbours' quality of life/enjoyment of their property - it could reasonably be argued that in today's style of home ownership and the attendant reduction - for the greater majority - in the amount of land that typically comes with an affordable property (for the masses) - some measure of regulation has to be put in place: trees do not grow smaller; individual "estates" do! Consequently we see today numerous examples of over zealous/ambitious home owners on ridiculously small plots - many with no idea how big the lovely tree they have just planted might grow - planting trees 'willy nilly' with no thought to the consequences; not only to their own properties, but even less to that of their
At the rear of the property are flats which overlook the garden. everything was OK as there was a huge tree giving us privacy it is half ours and half next doors. To our utter shock when our tenant moved out we found that the tree had been stripped of all the branches and we are now on open view to anyone in those flats. And of course the property wont sell. Now to have done this they must have come onto our property, and presume that they would need our permission to do this?.
Also the fallen debris over years has landed on the Asbestos roof and formed a soil for weeds to grow on top of. Removing it will be costly
Do we have to pay to have his tree pruned even though it belongs to him but affects us?!
The neighbours have no interest in their garden and only go outside to hang washing on the line. The cost of cutting the tree down is likely to be a reason for them NOT to do so, are their any regulations to support my request???
Ambam
Could you tell me where we stand with this please.
Thank you.
After the fifth leaf clear up this season at 10 bin bags of leaves a time I gave up, its recked my lawn, clogged my gutters and looks a state. What is my position on trying to get this tree felled, or at least pruned back?
for children to play, grow plants, fruit trees, shrubs etc but have now discovered that this will be an impossoble dream because of the trees roots right across the garden and also taking all the nutrition from the soil. The neighbours have added to the doom and gloom by telling us that in the summer months most of the neighbouring gardens lie under a canopy of darkness from the leaves and sap which coates garden furniture etc... We are aware from speaking to tree surgeons the council would have to be consulted before anything can be done. My question is does the council consider the point of view of the residents quality of life - ie having the full use of their garden or does the "green issue" take pesedence ie we need to protect trees for environmental reasons. We too love nature but in this case the law seems to be on the side of the trees. We appreciate your comments.
Where do I legally stand on this?
He refuses to cut or trim the tree as he says its been there for years and should be left to grow naturally and if trimmed would not look aesthetically pleasing and the tree might die !!
Can I at least cut off the branches which overhang my fence and can I go onto his land to do it as they are big branches ?
I'm concerned that this will be a major expense to remove not only from my property but there is the likelihood if not destroyed will grow back.
What are my options and who will incur the cost of scaffolding the rear of my address to remove the ivy ? Thanks
It's a mature tree probably 20ft high.
Problem is, most of it hangs over my side of the garden and tends to block a lot of light.
Where do we stand re lopping the branches off to the boundary? I've been told that the tree may not survive if we do this.
Thank you.
Our neighbours asked us if they could gain access to my brothers garden (at the bottom of their garden) to trim the overhanging branches of the old, large silver birch trees, based on his land. Wanting to help, I checked with my brother, and we confirmed their tree surgeon could hop over our bordering fence with them and gain access through the gate we have between our garden and my brothers.
We received a note over the first weekend of November advising that the tree surgeon would be arriving on Tues 4 Nov and reconfirming they wanted to trim back the overhanging branches. Our neighbour then called round on Sunday 1 Nov to advise the same. We replied that we would be on holiday that day and my brother would be at work but we'd be happy for their tree surgeon to gain access as advised to trim the large overhanging branches as previously discussed and confirmed in their note.
We returned from our holiday to discover the big silver birch had been trimmed as agreed but that the tree surgeon had chopped off the tree TRUNK of a 45+ year old Holly tree in my brothers garden down to about 5 ft and have also cut down a fir tree in our garden, which had been around 25-30 ft high and is now only about 8 ft and is likely to die - non of which had been discussed or agreed to. We were never asked about any cutting down of trees and would never have agreed to this. Neither of the trees cut down blocked light from our neighbours garden as they are to the east of their garden. The sun passes around on the other side - absolutely no reason to have trimmed let alone cut these trees down.
Can you advise where we stand legally and is a Holly Tree (not bush) a rare, protected species? How can we pursue this as both we are my brother are, as you can imagine, shocked and extremely angry.
Many thanks.
We love the tree. There are many birds who visit and nest in it. She got a quote it was near 1800. I do not and can not see me having a lazy 1800 to chop a tree i love..where do we stand. For the last 5 years every few months she demands we do something to our plants...we have cut flowers shrubs passionfruit extra...after this it will be something else...
Can he sue me for this.
Our gardens are 25ft wide, and the sun travels around their garden. Their garden is still in sunlight (mostly), whilst ours is becoming a shady garden.
Any kind of pleasantness has disappeared from our garden, along with the sun.
They are unwilling to trim, clip or thin, and are not open to discussion.
Please advise.
he reached over into or garden and trimmed the branches of his tree, he did it on a ladder so did not step foot in our garden.
but legally can he trim branches on our side of the fence?
My problem is that they are right on the boundary of our drives & are bound to restrict my ability to park my car in the drive.
Are they allowed to do this?
The owners of House B persistently harassed the owners of House B to put up closed fencing which was consistently refused. In August 2014, House B claimed to have the farmer's permission to erect fencing on his side of the boundary fence between the lane and House A's garden; however this was spurious and the matter was dropped.
There are 3 tall plants on the farmer's side of the boundary that the owners of House B have deliberately 'trained'/pruned to come in front of the small coniferous trees and evergreen shrubs planted on House A's side. House A gained approval from the farmer to "cut back as much as you want" of these plants blocking the sunlight. Do the owners of House B have any right to interfere with this; they claim they have been pruning the trees for years and want to have the responsibility to do this. What rights do they have with regard to the north side boundary? (They do not own the land either side of the boundary, their boundary is on the south side of the farm lane.)
Thanks
We have just watched with amusement the neighbours at the back of our house foraging the fruit off our tree! Even when I was laughing about it to my husband - very loudly, wondering if it would be apple crumble or apple sauce to go with the pork joint! - the guy carried on! Is he within the law or can we do him for theft/trespass? We know he would be within his rights to cut the branches down.
Many Thanks
Don
Lack of care of their trees should not cost me a 3 month vacation. Open your eyes, you can see the same tree growth as we do.
After reading through your very useful website and other sites it's clear there is NOTHING you can do.
It appears all I'm allowed to do is spend my time carefully trimming my neighbours tree back or in my case, paying someone to do this as the tree is too large for me to reach, but at the same time making sure I don't damage any part of the branch on their side or accidently take any of their fruit. I'm also not even allowed to put their branches/property back in to their garden - I have to get rid of it myself.
Sorry...but who thought up this ridiculous law???!!! Why are we protecting irresponsible people from their responsibility. They shouldn't be allowed to grow their bushes/tress/property into others, they should be made to ensure it is not impacting anyone else, they should clear up the mess caused by their property and if not, they should be fined. Surely this makes loads more sense???
Before anyone asks, I have tried speaking to my neighbour or the housing association of my neighbour and understandably, they know their rights - they don't have to do anything! Why would they spend money when they don't have to?
Anyway, just needed to get that off my chest before I spend my hard earned money in order to trim back and make safe my neighbours tree. Brilliant.
Taking the trellis off without ripping the ivy was hard, and when off most of it collapsed. The neighbour had confirmed any mess in their garden we would clear up which we said yes. However as it collapsed our garden took the option to cut it down to the level of the party wall. Our only other option would have been to throw the hanging plant into their garden. Now they think we are neighbours from hell. I felt so guilty I offered them 10 - 10 litre flowering bushes to give them the height in pots for the winter.
I would like to suggest they put up their own trellis to not rely on ours. We are at our expense going to put on coping stones to top of the wall, and would rather their Ivy does not grow on our new fence. What rights do we have to do this.
Thank you.
I am one of those people who stewards a tree which overhangs an open space area. Whilst I can understand people wanted to flex their rights, unless a tree actually causes a nuisance why would you wish to trim it back simply because it projects onto your property? Trees grow where they will, if it is not actually causing a nuisance, let it be is my advice. Clearly problematic trees that are diseased, dangerous or causing a nuisance or blocking sunlight can be dealt with sensibly by speaking to your neighbour.
From the custodian of a decidous tree which was doing no harm whatsover which has been 'faced off' for no good reason other than the property owner wanted to.
Thanks tree lovers!
I mentioned that they should be paying for this. And I also told them that the Laural bushes are on their property and not mine and therefore they are responsible. And that my husband cannot do this job because he had a heart attack Long ago. The Laurel Bush goes 150 feet down the side of our property. And it has not been maintained properly. The former owner never looked after the laurel hedge properly. Was never able to talk to them about it. And I gave up.
What the biggest problem is; how to get blackberries out of the Laurel Bush? And it's so dangerous to have to try and do it. Also the Bush is 25 feet up in the air or more. It is way out of hand and it is approximately 2 1/2 feet wide to 3 feet.
I also offered to pay for the removal of all that Laurel bush but in the end they refused. At first they had agreed and then at the very last second they changed their mind. Now I will have the ongoing problem of having to fight for them to clean up that hedge every year. So please tell me what my rights are? With my husband not being healthy and myself not being able to do this job, which I tried, will I have to pay every year to get it done?
So now that I have to get this mess fixed up I will send them the bill for having to cut back to my property line. I know it's been more than generous to offer to get it cut in the first place as they had said they had absolutely no money since they just bought the house. I even suggested that they could pay me down the road part of it but that was no good either. So now that they've changed your mind I feel that it's only fair that they pay for this mess that has to be cleaned up and it has to be done by a professional.
Please answer my question; is it my responsibility to have to pay to have this mess cut back to the neighbors property line? I live in Richmond canada. Thank you and I'm really looking forward to the answer.
I don't know my neighbors, they haven't been there that long and I have been told they
are renting the property, not owners, so presumably they are not worried about the tree.
I am aware that I am entitled get the protruding branches cut down, but as the council here charges to take garden refuse away, can I simply throw the cut down branches over the fence into their garden? This is what I'd like to do and after the tree is their or the landlord's property?
Additionally, in the autumn, due to the normal prevailing wind direction, we get about 90% of the tree's leaves in our garden, which is a considerable amount. I normally bag these up and put them out for the council refuse collection. However, now the council charge, can I throw these back into their garden?
Is there not a time limit as it has been 25 years someone said that if a tree as been up for so many years and there's never been a complaint before they should not be able to make you take it down is this right ???.
The trees are on neither of our plots and do not overhang either of our plots so they are nothing to do with either of our ownership and do not intrude in any way.
Is it right that they should be hacking bits off if a tree that they do not own and does not encroach on their land?
What are our rights
Does a TPO on trees mean the neighbour responsible for the trees has no responsibility for their damage and the expense they are causing to a neighbouring property? Is there anything we can do to recover any of our costs or protect our property from the trees damaging it further?
Thank you for any advise you can give.
Thanks a lot.
Birmingham we have to pay for garden waste to be collected or we can take it to the tip in our car.
With such a large amount of foliage to dispose of, the cost of hiring cutting equipment and having to take all the waste through the house to the car then the waiting at the tip and clearing up the garden, house and car plus transport costs
Can I force the neighbour to pay towards the expense of the cutting equipment, fuel and time?
I also do not want to spend a day or two transporting his waste in our car and having to clean it out of both tree and insects. Can I just pile the cuttings on his side of the fence further down the garden without breaking the law?
The land the maisonette is built on used to belong to the house we are buying and I believe we are responsible for the fence.
How do we get it removed.
My reply was through them back over and would dispose of them were do I stand on this matter
The back yards are separated by a brick wall, on top of it is a trellis with plants/vines growing from their side and hanging over our side right to the bottom of the trellis and further down the wall.
Myself and my partner don't really like it because its really deep and hasn't been trimmed since we moved in 2 years ago. Recently my partner, whilst in conversation with the lady next door mentioned in passing we were looking to trim them back on our side.
This week I set about trimming them right back to the boundary at the top of the trellis so it was basically clear our side and it was about keeping our yard tidy and liveable, as it was really deep foliage.
However, the gentlemen living next door owning the house has really gone mad and said we have violated his property, hence me being surprised as it was on our side and we just wanted to maintain it properly
He then informed me that the wall was part of his house, hence his property and we have no right to cut it down. I argued it was hanging over our side into our yard, he kept disputing it saying that the wall is nothing to do with us.
I now feel really stupid but should I, I mean he never once offered to come over and maintain it and it's grown and grown, even when we mentioned it to his partner he still disputed it.
Any advice would really help?
Thankyou
Many thanks,
Darren
I believe ultimately the cost of fixing this is our neighbours, can we force them to pay or does it have to go through insurance companies
When I moved here over 17yrs ago there were about 4/5 trees along the road but over the years this has increased and they are all obviously growing full height.
The trees are so tall that they prevent sun getting into the gardens until late afternoon and also overhang the garages causing damp, moss growth and leaf debris. My neighbours was so bad they had to have the garage roof recovered. Mine is starting to leak. We are unable to get ariel tv reception due to the trees being in the way of the transmitter so Sky, etc it is.
The council every few years send people round to cut the odd branch (and I mean the odd branch) but only the side facing the road, they never cut back the side overhanging our gardens and garages even though they have easy access to them.
My neighbour has spoken to the Local council about this but they put the onus on the County council, who in turn put it on another department who said it was the local council so it was a vicious circle with no joy or help from anyone. The trees are too big to cut down but are we allowed to kill the new seeded ones with tree killer or just let the forest continue?
Thanks
Tree getting out of control and causing problems next door.
If next door remove over hanging branches (fine by me) am I responsavle for there disposal, or the neighbour that removes them?
Our Neighbour to the rear of our garden has numerous trees that have grown in the 2 years we have lived here, and blocked alot of light out of our garden, branches overhanging garden and car park-Where due to the branches birds have significant droppings over our car every day :-(
Neighbour doesn't want to trim trees because his past father planted them.
Could you please advise what course of action I can do.
Trees are not native or of significant rarity.
I like the trees but just need them trimmed back and don't think I'm been unreasonable.
We have recently had an extension built to the rear of our property which was uncontested by this neighbour initially but she soon changed her tune when the builders arrived and started work.
She now has claimed a small portion of our land and refuses to allow our builders onto her land to re-erect the dividing fence. We have shown her both our title deeds and a copy of her own which clearly shows the divide location but she is still not allowing access to our builders.
Where do I stand legally? What steps do I need to take to have this sorted out?
many thanks
When i drive in my side lot driveway My mirror and even the side of my truck can brush up against them causing scratches. I am going to get a inspector to locate exactly where the property line is . My question is can I trim away the sides of them bushes when i find out the exact property line location? There is no wall . Thankyou in advance for your help.
Thanks
We have been told the trees block light into her house.
The same trees also grow the same in the house we are attached to but these trees are more overgrown as haven't been well maintained.
Who is responsible for cuttit these trees and if the owner of the bungalow insists the trees are cut down by half the height will I be liable for the cost? Or is it my responsibility at all as we own the house but ground rent is payable. Therefore should it be the onus of the landowner who is paid ground rent to cover the maintain ve and cost of the trees? Thanks in advance for any help or advice that cam be given.
"Its always better to discuss this with your neighbour first, but if an expert does have to be called in, its the owner's responsibility to foot the bill. They can then choose to pay up front or by claiming against their own home insurance poloicy".
Can you tell me where this is legally written down, as we are having problems with our neighbour, who refuses to talk to us about the roots of his Lylandaii Trees damaging our wall?
Regards
Norman Roberson
1 Not to do anything by way of planting trees or shrubs or allowing the same to grow ...so as not to darken or interfere with access to light to the cottage .
2 Not to be do on the house or any part thereof any act or thing which shall be a nuisance or annoyance to the owners of the cottage
We also have a right of access on to such parts of the house as are reasonably necessary for the purpose of maintaining and decorating the wall of the cottage , making good any damage caused .
Despite this my neighbour has planted and is allowing to grow a bank of fast growing conifers directly in front of my Kitchen window , they are now a third up the window . We have repeatedly asked our neighbour to trim the trees and brambles , bushes. Have now spent thousands on solicitors to help , with little success . Our funds are exhausted . Our bedroom window has not been cleaned for the last 4 years because of the unrestricted growth , for the last year none of the windows could be accessed for cleaning . No one seems able to help us .
Can we just cut down the foliage ? What would the penalty be ? I do hope you can give me some advice . Many thanks .
I don't mind him looking after it for me as long as he dosen't go too far.
I recently bought a house and on the outside of my boundary is local authority land about 5m long x 1m wide. On this land are 4 conifer trees which apparently the previous owner of my house planted, but this is not written down anywhere.
The authority are asking me to maintain these trees even though they are on their land. I am objecting to this as because the trees are on the authority land they own them and I have no right to interfere with them unless their branches overhang into my garden.
Q1. Is there any law on this and if not is there a period of time when a tree planted wrongly on authority land becomes the property of the authority ?
Q2. If they insisted on me maintaining them surely I could demand they provide footpath closure and insurance in case a branch falls on someone ?
The people at the bottom of our garden have an enormous tree between their house and ours. Not sure of the exact height, but it's significantly taller than their house & much taller than the distance between the two houses. It blocks all the light to our garden & sucks all the nutrients out the soil meaning I can only grow things in one small corner of the garden & in pots. THe roots come up under our lawn, probably under the house too. I am constantly having to trim shoots out of the lawn, plus the grass won't grow properly due to the tree. The tree sheds leaves and branches into our garden, especially bad obviously in autumn. This is bad enough, but yesterday the owner had some work done to trim some of the lower branches from the tree. The consequence was that one branch landed in our garden & buckled the frame to our fruit cage. So now I have the prospect of £100 bill to replace the frame. Not to mention the hours it takes to mend it properly. I dont know the neighbour, never met them.
Do i have any rights with regards to getting them to (a) pay for the damage they've caused and (b) have the tree taken down?
I hope you can advise me. The upper branches of my neighbour's deciduous tree - located about half way down 60ft garden and now taller than our houses - completely overhang our garden and block out sunlight to the mid area throughout summer months. Whilst not sun worshippers - this has hindered our attempts at establishing a veg plot and constructing a decent lawn. We have twice pruned the lower branches with telescopic loppers but cannot reach the higher branches, which are also too thick and require professional attention. Since they moved in about two years ago we have spoken to our neighbours at least twice about arranging to have the tree pruned - we have even offered to split costs - but they do not appear concerned about our issues. With the latest storms I am also worried about the safety factor, nothing has been done to curb its height and its upper branches always seem to break and fall into our garden in windy conditions. I do not want to start a dispute, but before I approach them again I would like to know what my rights are with regards to getting the branches overhanging onto my property removed.
Many thanks,
JJ
I have a 30 ft tall beech tree growing at the bottom left side of my garden which is just on my side of the border with next door. I erected a 6ft wooden fence as a border between me and my neighbour about 20 years ago. My neighbour for some reason put a greenhouse just the other side the fence and in the shade from the fence and also apple trees well on my side of the property. There is also a public footpath running along the bottom of mine and my neighbours garden.
I do not get on with my neighbour he is a law unto himself. He has without speaking to me cut back the beach tree back right to the top and to the boundary between us which I accept he can do, but he has also cut the tree branches off also right to the top between the bottom of my garden and the public footpath cutting virtually 3/4 of the tree away. I spoke to him he admitted doing it whilst I was out but he was defiant saying it was cutting the light out of his greenhouse and to report him to the council. He must have disposed of the tree branches himself.
The council if they wished could cut the tree back if it was a problem but it wasnt the lowest branch was about 10 ft above the path.
Surely my neighbour had no right to cut the tree from over the path he has done it just out of spite.
Thanks John.
I await your reply with glee :-)
Can i put a for Sale board on this hedge, on my land, even though it overhangs into the air above a private road. It will not hinder any cars or pedestrians as I will ensure it is too high
We live in a terrace house and have a problem with a tree in a garden four houses away up the street and it has been worse this year. It is a silver birch around 10 metres high. Firstly it blocks the light from the houses lower down the street when the late afternoon/early evening sun starts to go down. Secondly and more importantly, it continually sheds little particles (about 5mm diameter) and this lasts for several moths. these particles shower down on our garden making it uncomfortable to sit out on a summer’s day. They get everywhere – all over the decking, in the fish pond until the filter blocks, all over clothes if they are out to dry and they get into the house from ground floor to the attic as the tree is so high.
This gripe is echoed by our other neighbours who experience the same problem. We went around to the culprit’s house last year and he will not do anything about it. He says it is a rented house and his landlord will not be interested. This year the problem has been worse. is there anything we can do and what are our rights?
Thanks,
Lee
1) I would like to cut these branches but they are high (3 metres) and I do not have the equipment to reach them.
2) Even if I did have the equipment I would be reluctant to cut the branches for fear of damaging the telephone lines (when the branches fall).
I have spoken to the neighbour and he says it is my problem.
What would you advise?
Many thanks
Dougie
It should have said:
Hello, I live in suburban Bristol, UK. There is a private road that runs behind my house to allow access to around 50 GARAGES - half of the houses are on my street and half on the street it back onto. This road is owned jointly by all houses
Usually you would trim the branch of a bush, or vine or weeds that are on your fence, or propery. You do not have to ask your neighbor before you do this.
If it is a large tree you are not familiar with, do not touch it. If you are on good terms with the neighbor, speak to your neigbor.
If necessary, write a letter to your neighbor, and let your neighbor know you have a copy.
If the tree is a definite danger to you, or your property, inform your neighbor of the consequences of not trimming their large tree.
If does you no harm and the neighbor does not comply, you may want to put up with it.
Without being a nag, you may want to mention the problem once a year to your neighbor. Sometimes persistence works.
If the tree falls on your property, you have to prove that your neighbor was neglegent and not an act of nature.
A certified Arborist would cost you money.
My thought. Each neighbor could be considerate of their next door neighbor and trim their own trees, so it does not interfere with your neighbor. Common sense.
The routes to the tree have gone under the pavement and under my garden wall lifting the wall which has cracked and is leaning over dangerously, it is a danger to children should they be playing by it, the wall is block bricked and we have been advised by a builder that it has to come down the routes have to be raised and removed and the wall has to be rebuilt.
Do we have the right to persue the council to get the work done, are they liable for the full cost of the work to be carried out.
Regards
Colin Millage
Guttering and also blocking my sky dish that sometimes whether
This is the reason can't get a full signal. I paid £60 got sky on a call out last year
And they cut some branches and seemed better that was a year ago and since then obv grown back plus more.
Asked my neighbour several times but she ignores me and we don't get on
Since this tree thing.
I have been in touch with my landlord - new charter twice but second time a ninth ago still haven't come back to me it's not looking good.
The first time last year they said they would cut it then went back on it and then
Said no.. I rang them today said still waiting to hear but I could cut my branches from my drive but I don't see why I should when not my tree and am unemployed where my neighbour works has a nice car etc. Who else will help me I want this tree cut down the branches going into my property and near my dish and guttering.
Unfortunately by small wall is cracking and being pushed over (about 25mm per year). The concrete driveway is also badly cracked. I am advised by 4 structural builders this is all due to my neighbours hedge and roots. It will cost me about £10,000 to deal with.
My neighbour and their insurers Saga, refuse to accept liability and won't make any offer towards these unnecessary costs. This is based on an incorrect survey made by the insurers assessor, who misjudged that my wall's age. They state that the wall is 40years old and would be due to fall over!
My neighbour has never maintained my side of the hedge, allowing the unacceptable height to maintain their privacy. I have to bear the cost of maintaining the hedge annually even though it is on their property.
My own insurers even state that I am not covered for damage as my bungalow is not affected by damage. I thought their was an ABI mutual law that covered such claims?
Thanks.
Best regards, JP
I have spoken to the Highway Agency who have carried out a reduction of the lower canopy however branches above 4.5mtrs from the ground remain and overhang my property. Do I have any legal right to enforce them to cut all the branches back, to the full height of the trees, up to my boundary line?
I have an alleyway running along the rear of my back garden and there's several trees that are in gardens occupied by residents on another road. The trees are causing a real mess in the alleyway and most importantly my new patio that I've just had laid. As the trees are not owned by a 'neighbour' and run over an alleyway, does that make any difference?
is there away to sort this out and is my neighbour allowed to let it grow as tall as it is as it approx18 inches ?? thank you
Thank you
There are 2 large trees, 1 a sycamore overhanging my garden. One of them is only 3 or 4 feet from my bedroom window. The trees cause constant hassle with falling sap, green fly, blocking the light, not to mention the poss danger of falling branches. My house is on the market and I have lost 3 potential buyers, who were put off by the trees. The trees are not under a preservation order. The owner of the flats (the guy owns the trees) initially said he would cut the trees back, but now refuses. He said he got lots of grief from the neighbours when the flats were built, as they didn't want the trees cutting down. I wasn't one of the neighbours, although I liked the trees when smaller. Should I foot the bill of getting the overhanging branches cut back? Am I within my rights to throw the branches over his fence?
Is there a law about light please?
asked the neighbour if i could cut the trunks based on is side down because they covered our side ,the neighbour verbally said yes so i cut the largest trunk that hang over our side down to 6ft and left the reminding two to cut down at a later date. a few month ago i started to cut the reminding trunks down to 6ft on this occasion i never asked him because he had said it was ok a few years prior anyway my neighbour saw me starting to cut the tree and never said anything so i assume it was ok (we know what assumed did!!!!!) what i never knew is that my neighbour had gone out shortly after seeing me starting to cut the tree . i think you know whats coming next my neighbour returned the tree had been cut down, he was not happy, i offered to resolve any problem i had cause for him and explained i was deeply sorry but he just said he was calling the police . the police turned up and said he had accused me of criminal damage and i have to give a statement . any advise please?
I have shrubs and trees which can overhang my fence into next doors garden. I keep them pruned and try to make sure they do not overhang.
I f any person in next doors garden was injured by the branches if I had let them overhang would I be responsible and what could happen.
Thanking you
Rose Newby
But Isn't it the responsibility of the owners to pay the bill
thanks for your help.
The tree straddles the border of mine and the neighbours garden.
About 6months ago the neighbour mentioned that they were thinking of trimming the tree on their side.
After talking to the tree cutters. They said the neighbour had spoken toys, and it was ok to enter our garden, and we had agreed to let them.
Surely this is against the law
I say this because on 7-19-2012 this very large Oak Tree Fell on OUR home, just mine. we needed a Crane to remove this 30 thousand pound tree from our house causing damage. She feels as if it on her side fence she can do what she wants. Poor attatute, Im just saying careful out there you dont want to end up in Civil court looking at liagal damages. She also had a wonderful plants bed arount this Oak Tree and Grass with a sprinkle system for 20 years,
According to Two well know Arborist your never suposed to water an Oak tree.
This is someone we've been friendly with for 20 years, friends like that who needs to like here anymore!
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Dee - ??? Are you renting or is the house yours ???
If it's your house - You'll have to get it fixed - back fill it - landscape it - Concrete it - Just make it safe & adequate.
If it's not your house & you're renting - The Landlord / Agent will hate to hear the words....
"My child has fallen & hurt themselves on the dangerous enviroment I am renting from you. I am speaking to one of those accident companies you see on TV & they need to know some details from you organisation" - This could get things rolling.
Firstly though I would write a letter advising of the need for some minor works to be carried out at the premise as it is a dangerous situation & you can see that it is not a safe enviroment & that you have sent a duplicate as proof to the local council dept as you feel very afraid of someone getting hurt.
This can the be added as proof of their possible neglect, should you write threatening of a legal claim as to their ignoring you.
(All advice given has no standing what so ever, I have no idea of the full facts, I make a generilsation & it is not legally binding in any way. It's nothhing more than a general opinion)
I got up this morning and came down stairs - looked out the window to find that my trees had been basically chopped down. The overhanging branches were indeed removed but right down to the tree trunk!!!
So now I have a line of bare tree trunks with an occasional remaining branch that happened to still be on my side. Some of these branches like quite dangerous as they were being supported by the branches that have been removed.
I knocked on the door and asked them what they thought they were doing and got told that it was ok cos the trees would grown back!
I understand from the many comments on here 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 now re this situation?
It is the responsibility of the neighbours who have the branches of your trees over hanging their properties, not yours, at least in law, to remove them themselves. But they can only cut to their boundary and have the right to cut right up to it without your permission. So, if you are concerned with the look of your trees, and want good relations with the neighbours, you can only try to negotiate with them
You have no legal obligation to prune your trees on their side of the fence or pay for it to be done, only if they cause damage to your neighbours property are you liable
You are not liable for falling/blowing leaves unless they block gutters and cause damage, and they are responsible for sweeping/raking the leaves up, on their property,, not you
Birds have a right to roost etc anywhere they like and you are not responsible for that either, but I can see your neighbours side too which must cause them an awful lot of hassle
Fruit hanging over, on the otherhand, must be given back to your neighbour, but you have the right to cut any branches on your property, but not to keep the fruit I,m afraid, best if you can come to an arrangement, that you will tolerate their branches in your garden if you can keep the fruit - good luck!!
The fence panels must belong to them for them to have the right to even touch them, you may have bought them but on your deeds it wll state which side you are responsible for and if yours he has no right and you can call the police claiming theft, if they are indeed theris, despite you paying for them they belong to them and can do what they want with them
The hedge, if a shared boundary, belongs to both neighbours, but if your side has been ruined, they are to blame and you could sue for damages, but would that solve the problem it has caused?
Cypress trees, I believe are conifers with very thin roots, which cannot do any damage to foundations like deciduous trees can, but in anycase, their solicitor is trying it on as he must first have written confirmation from a specialist surveyor who has determined with proof that your trees have caused this damage
This is very difficult to prove without excavating under the foundations, you should insist on seeing their specialist surveyors report and method of investigations carried out, which you are entitled to see
Our neighbor seems to love planting plants that climb, like Clematis, and roses.
Also a bush that grows very quickly and starts laying on our roof top.
Are we allowed to have these cut back at their expense? Do we need to inform them of our intention first? If not, do we have to pay first & try to get the money from them or can we just have the service bill them?
This has been going on for quite a while & I'm tired of cutting these all the time.
I have employed the services of a reputable Tree Surgeon who each year trims branches, thins canopies, making sure it is balanced on all sides and properly inspect the tree to make sure, as far as is possible, that the tree is in a good condition.
The tree is not deemed to be dangerous by the Tree Surgeon, and was in situ long before my neighbours house was built.
Where do I stand legally as I feel I have done every thing reasonably possible to prevent an accident?
Grateful for your advice
Is there anything i can do ?
What are my rights ?
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