What are my rights about my neighbours very tall fir tree which is only about 5 yards from my property? The tree was already existing before my property was built.
I spoke to the owner and he made it clear that he does not want it cut. Please help as it might damage my property.
Cutting back branches that overhang your property
If your neighbour's tree has branches hanging over your side of the boundary, you have the legal right to cut them back to the boundary line. However, this right is not absolute and may be restricted by tree preservation orders or conservation area rules, which are covered below.
You can only cut up to the boundary itself. Going beyond this, or entering your neighbour's property to carry out the work, would be trespassing. Any branches you remove technically belong to your neighbour, so you should offer to return them. The same applies to any fruit on those branches.
Before doing any cutting, check where your boundary actually runs. Property deeds often lack precise boundary details, so you may need to consult Land Registry maps or instruct a surveyor for clarity.
Check your legal rights in any neighbour dispute. Takes 1 minute.
Try our Neighbour Rights Checker free, here on this site →Check for tree preservation orders first
Some trees are legally protected, and cutting them without permission is a criminal offence. Tree preservation orders are issued by local councils to protect trees that contribute to the local environment. They can apply to individual trees, groups of trees, or woodland.
If a tree has a preservation order, you cannot prune, lop, fell or uproot it without written consent from your local planning authority. Destroying a protected tree can result in an unlimited fine, while lesser damage may attract a fine of up to £2,500. Always check the latest penalty guidance on GOV.UK before taking action.
To apply for permission to work on a protected tree, you will need to submit an application to your local planning authority. There is no fee for this, but you must wait for a decision before starting work.
Trees in conservation areas have automatic protection too. If you are unsure whether your neighbour's tree is protected, contact your local council's planning or environment department before doing any work.
Your situation may be slightly different. ask a question below ↓ and our editorial team will reply with our advice.
Roots causing damage to your property
Tree roots can block drains, crack walls, lift paving or affect foundations. If roots from a neighbour's tree are causing damage to your property, you may have a claim in nuisance against your neighbour.
You can cut back roots that have grown into your land, following the same principle as overhanging branches. However, removing large roots can destabilise the tree or cause it to die. If this happens and the tree was protected, you could face legal consequences. Getting professional advice before cutting significant roots is sensible.
Where roots have caused actual damage, your neighbour may be liable for repair costs. This will depend on whether they knew or should have known about the risk. Some home insurance policies cover this type of damage, but coverage varies significantly between providers and policy types. Check your own policy details as a first step.
Talking to your neighbour
Legal rights aside, a conversation often resolves these issues faster and with less stress than formal action. Many neighbours will agree to trim a tree themselves once they understand the problem. They may not have noticed the overhang or realised it was causing you concern.
If initial discussions are unsuccessful, you can put your concerns in writing. Keep copies of any letters or emails, as evidence of attempts to resolve matters amicably will strengthen your position if the dispute ever reaches court.
Mediation is another option worth considering. Community mediation services operate across the UK and can help neighbours reach an agreement without legal proceedings. Your local council or Citizens Advice can point you towards services in your area.
If the dispute involves a hedge rather than a tree, the high hedges legislation may apply. This allows councils to intervene where hedges exceed two metres and affect reasonable enjoyment of your property. Your council's website will have details of the complaints process and any fees involved.
For detailed guidance on tree disputes and your legal options, the Royal Horticultural Society and Citizens Advice both offer practical information tailored to UK residents.
The girth of one of the trees has naturally increased and now touches my back fence. Over the coming years it will undoubtedly continue growing and I suspect will break my fence and damage some raised borders in my garden which are just in front of said fence.
There is no house on my neighbours land at the moment and the woman who owns the land seems very reasonable however the council are extremely protective of this group of trees (even though they are quite unsightly and of mixed health) and I suspect they will push back against any removal of the tree.
What is my legal position regarding trees which are protected by a TPO, but which are (or will) cause damage to a neighbouring property?
Replace the fence all around my boundary years ago. Some neighbours pmabtes trees 10 years ago, leylandi and conifers and acers, which have grown huge. They also put Cane on my fence But didn’t ask us. The trees are now overgrown they have pushed to the fence and offence fence The trees are now overgrown they have pushed to the fence and the fence is now wobby and brealing only in the parts where the trees are.
The houskng association said that they have no garden regulations or policies and that disputes over fences is between the neighbours not them, why should I have to pay for fence replaced with a new fence for it to be damaged by their tenant?
There is another beighnour whos has the same problem, The tree is broke the fence at the back of her garden and it took them five years to move the trees and they let her pay for a new fence when it shoukd have been bernicia/tenant as they broke it.
I think it’s on fair that let the tenants Plant trees in that aren’t maintained that aren’t kept within the height that makes it easy man to maintain and allows it to grow and push over fences on neighbours boundaries. This is a small garden.
Delete any of us do what I like and then brush off of responsibility and it’s not fair I don’t wanna pay £2400 for a new friends in six months time for Trees to be doing the same thing again.
Can you please advise us of what our next course of action should/can be?
Many thanks
Barry, Swindon, Wiltshire, UK
My neighbour, which is a church, has a tree in his garden. The tree is quite tall and its branches are laying over my roof and creating moss over the roof. I know had to hire someone to come in and scrape of the moss from the roof floor. I haven't approached my neighbour yet as I have been cutting bits and pieces from my side in the past but now some of the branches are too high for me to safely perform the trimming. By law should my neighbour maintaining his/her tree and be held liable for the moss? I wanted to ask before I approach them. Many thanks.
Thank you x
Who comes up with this drivel.....?
Thank you
With its roots we do not speak as I find my neighbour unapproachable, I own my property while she is renting from the council is there anything I can do help very much appreciated.
My neighbour has a yellow laburnum the whole tree is poisonous. It is planted behind a 6 ft fence which partitions our gardens but has grown about another 5 ft over that. When it flowers and the foliage sheds it blows all over our garden and is impossible to control. My worry is 1: my young children 2. Our puppy picking up any foliage when playing in the garden. I have spoke to my neighbour who has cut the overhanging leaves off however this does not prevent the foliage blowing over in the wind. Is there anything I can do to make him remove the tree?
Any help would be much appreciated.
Thanks
1- One at the back of my house who has a set of tall fur trees with their trunks are with 3 inches from my fence. The roots of the trees have now lifting the fence up and pushing my fence away. I have asked them very politely to remove the trees and I offered them contribution towards removing the trees and plant new trees away from my fence. Apart from cutting the tip of the trees, they don't want to do anything about it.This has been going on for the past 30 years and I don't know what to do.
2- At the time of construction of the propertied in the 60th, the sewage manhole that belongs to my neighbour on the right side of my property has been located within my property. This has been causing some problems whenever there is a blockage. It either flowing over out into my garden or men have to come into my property to deal with it. Do I have the right to ask my neighbour to relocate the manhole to within the boundary of their property?
Grateful if you could let me have your advice on the above two problems.
Best regards
Khatab
Our neighbour has allowed us to trim the trees in their back yard for the last 10 years. They have this last year decided that this was no longer going to happen and refused our trim requests.
Do we have any recourse legally to enforce the “View Covenant” that states we have the right to enter the neighbour’s lot in order trim any offending branches?
We live in Minnesota and have a problem with out neighbor who blindly let a black walnut (deposited by squirrel) take root in his yard, about 2 feet from our property line. This was 5 years ago and the damn thing has grown like a weed, not to mention it's a toxic tree (a toxin called lugone is in this tree, which generally kills all vegetation near it). Long story short, it's now about 40 ft. high with branches that we had to spend a lot of money to trim last year, as he would not do it. They encroached onto our yard horribly and continue to do so every year. We cannot continue to pay for his tree trimming but we see no end in sight. Furthermore, we are alarmed at the fast growth rate and roots, which contain the toxin, will begin to travel near our deck and foundation. We've tried talking to him and he gets very angry, even going so far as to blast and berate my husband for almost 20 minutes about the situation. This is the same guy who, when we put in a new wood fence surrounding our property, 2014, my husband noticed buck thorn growing on his property in the corner of ours. Buckthorn is strictly illegal in Minnesota and when seen, must be removed immediately. This guy once again, shouted at my husband for pulling it out as he tried to explain to the neighbor what this bush was. Neighbor is from Scotland and clearly doesn't have a clue about trees, gardens nor taking care of one's own property! We are disgusted and have spent our time and money with this guy. Any suggestions. Our main concern is the fast pace of which the Black Walnut Tree is growing and the encroachment to our property up the road. Just to let you know, Black Walnut Tree has killed all my prize hostas, snowball bush, which was over 25 yrs. old and other perennials due to the tree being too close to the property line and excreting the toxin, not only in the roots, but from the leaves also, most of which fall into our yard in the Fall. Help From Minnesota?
My neighbour would probably be willing to get the Oak tree chopped down but the TPO and the council are more of an issue - they only agree to necessary lopping of branches!
This tree will hurt somebody one day - however, it isn't deemed by the council as too diseased or hollow or rotten... therefore each year we wait for the inevitable damage and danger this tree poses with our hands tied!
What can we do?
Thank You
Where do we stand legally? We have asked for some quotes from various tree surgeons about cutting the tree down but none of them are willing to dig up mu neighbours garden to deal with the roots.
Some advice would be great. Thank you
In addition to removing the fence they have also removed the path
One of the neighbours has planted three trees (buddleja) at the base of his outside wall. They are growing rapidly, and are encroaching on the drive, narrowing it significantly. The woody stem of one of these trees has scratched my car.
I have asked my neighbour, courteously, on several occasions to trim these trees back, but he seems to have no intention of doing so. I intend to advise him that I will be cutting them back, and will offer him the cuttings.
Am I within my rights to do this?
What is the correct procedure to put this neighbor on notice to remove the trees or to be responsible for any damage to our home in the future.
Is it possible to lop conifers successfully and what is the law regaeding the pine needle nuisance.
We have offered to help with the cost of cutting down the trees, but been rebuffed.
My question is where would I stand on removing the roots of the sycamore on my land and adding a root barrier? And would this help. Thanks
Neighbour's tree hanging in our garden or above our house is big problem all over the country.
I think whatever we own, it's our responsibility to take care of it and should not make any problem to other by it.
I have same problem, neighbours tree hanging in front of my house. Tree leaves falls every time in my drive way.
Neighbour's tree make me cleaning my drive way everyday & pay £60 to tree surgeon every year. I am helpless to avoid this things.
I thing the law about Neighbour tree problem need to be changed.
The land isn't on any council map of its responsibilities for maintenance. I approached the tree owner a few years ago to ask if we could gain access to her garden to cut the branches back as her garden is on a higher level to ours and we couldn't reach them as the tree is huge but she refused. We have had a tree surgeon come out and cut back to our boundary but it would make such a difference if we could cut it back on this piece of land so just wanted to check of were allowed to do this ?
CuthbertR
1. For me to cut back the offending branches from my side as they originate from my property.
2. For me to employ a professional tree surgeon to address the overhanging branches.
Do I have to do this? My tree is not very big and his concern is leaves falling seasonally. Legally where do stand on this issue?
Thank you
"
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."
Regards
Denise
Although there appears to be nothing wrong with the tree's health, do I have the right to demand that they arrange for it to be seen by an Aborist? Is there anything I can do?
I have to wait until he is on holiday as he swears at me, before I trim all the branches. over my side and can only reach the lower part of the tree.. He also has a very dead and bare eucalyptus near the fence also very tall which will fall one day. I am putting my house up for sale which is drastic, but he is vile.
My concern is that if it falls/breaks not only will it cause considerable damage to my property but it will most likely kill my child who has a bedroom at the back and the tree is very close to his room.
What are my rights as the neighbour REFUSES to cut or trim it down as it is too large.
Susanna Taylor
Jeff Durham 16 April 2018
“Secondly, if you do have the right to chop off the offending branches, it is your duty to return them to your neighbour”
Abigail Taylor 23 April 2018
“Cutting back trees
You have a common law right to cut back tree branches that overhang onto your property. It is however always best to discuss with your neighbour about any trees / hedges you wish to cut back before doing so.
The law states that any branches cut off belong to the person on whose land the tree originally grew, so you should ask your neighbour if they want them back, or if they are happy for you to dispose of them.
Do not just throw trimmings back over the boundary - this could constitute 'fly tipping'. Ask your neighbour whether they would like any trimmings back”
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We have recently had a large conifer removed from the top of our drive. We did this because of issues regarding the light being blocked from the garden - but had never previously been approached by the neighbour about any problems. There was no preservation order.. We consulted our neighbour who was pleased that we do the job. However, the trees surgeons damaged his drive and he is now wanting to sue us for the damage. The tree surgeons are insured. He is also now claiming tree root damage which was never previously mentioned in the 30 years we have been here. We live in a beautiful tree lined avenue and tree roots are an unavoidable hazard. The tree surgeon has offered to repair the drive and sort out any tree roots - but he has refused this and says he is taking it further. Help!
Maggie
We, as last resort, put in a claim through out home insurance, who accepted the tree obviously wasn't ours but said we had to prove that the damage was caused by the tree and its roots (even though you can see them pushing the concrete up) and that it would continue to do so. We had a professional report produced, at a cost of over £500, (we also had to pay £250 to the legal firm to instigate the claim) which went far beyond what our insurers requested, stating that the tree obviously grew from our neighbours property and that the tree has a serious weakness meaning that a major branch will fail at some point. Despite all of this the insurers solicitors still keep claiming that we have insufficient evidence, which is a back-track from when they advised us to get the report done. We feel that as a home insurance claim they have no real desire to help us. A large part of our garden is unusable, our new fence is continuing to be damaged, we have young children that we are now concerned about playing near a tree that has been shown to be dangerous. Surely we have some rights to gain the use of our garden back when the tree is nothing to do with us? The neighbour in question has now put their house up for sale (which is great news), however they seem to think they can just walk away from any of their responsibility, whilst costing us thousands to pursue and repair any damage. All the insurers solicitors advise on that matter is 'take it up with whoever purchases the property', meaning we run the risk of falling out with new neighbours if we want this resolved. Any advise would be gratefully received, especially are we be taking for a ride by our insurers legal firm? Thank you in advance.
My neighbour has a twisted willow tree knocking my fence and post line over. I have asked her on 3 occasions to remove her tree because it is leaning into my garden by 2 feet.
I cannot erect a new fence because of her tree encrothcing into my garden. She has said I should put a new fence either side of her tree, because she is not cutting it down.
Any helpful advice?
the eves of the roof have to be cleaned out which can cause damage to my roof. I cannot
do it as I used to. Actually I fell off the ladder several years ago and received a broken arm
and set up staph infection at the hospital. Miserable time.
I have asked the neighbor several times to cut some of them which would help because the big trees are close to property line.
As the wind comes out of the southwest 90 percent of the time I get all the pine needles,
which is just tremendous. Outside of asking again and again to cut them is there anything I can do?
The whole fence needs replacing really as we have had to prop it up our side as the posts have now rotten completely through.
Where do we stand regarding the cutting of the plant and replacing the now damaged fence please??
is this a problem
They are saying it is not their fault as ivy from my garden has grown and caused it to fall!!
Who is responsible?
If it's the neighbours tree surely they should pay? Also it drops cones and all sorts of pine needles on her decking which isn't usable now.
Thanks
One branch now directly overhangs my chimney. We have a wood burner so I am concerned about the fire risk. Who needs to pay for the tree to be pruned?
Can we legally insist it's either pruned dramatically or removed?
My neighbour insists this must be done by a qualified tree surgeon. Must I comply with her demand, or is it legal to get it done privately without a cert?
My neighbours daughter moved a few houses up from them. She had conifers in her front garden anyway my neighbour helped cut them down and took them away.... now I've been clearing out the bottom of my garden (was very over grown when I moved in 3 years ago and has taken some time) got to the corner and low and behold I have freshly cut down conifers in my garden. I know it's from them but I can't prove it. What can I do? Should I mover them onto the back of my neighbours property it was after all them who put it in my garden!
Also we are jointly responsible for the wall which borders are properties and looks victorian. There is a tree that has grown directly next to the wall and it has severely bowed the wall pushing it dangerously onto our land. More worrying is that the tree is very mature and is one meter from our garage and two metres from our neighbours lovely victorian house. We have yet to meet our neighbours are anxious about what to say to our neighbours? The wall is so damaged that we are considering sectioning this bit of our garden to prevent our children from going near it.
The reason being.They have 24 by 12 foot leylandi backing on to our average size back garden.. the previous neighbour allowed us to keep them to this height..the new neighbour said last year we could keep them trim to this height and this year after us trimming them she's saying she doesn't want them cut and wants them to grow another 3ft making them 15foot High, she is also sending us a solicitor letter
damp proofed but the cottage has rising damp it could be coming from his garden drainage under my kitchen to the cottage coming up through floor. Any help would be appreciated
If the tree dies as a result of us trimming the overhanging branches back to the boundary are we liable for its demise in anyway?
We tried asking them to reduce the height and even offered to contribute to the cost but they refused. We went to the council but our claim was rejected as the trees are not planted in a straight line so don't constitute a hedge, even though the visiting councillor agreed that the trees were too tall and blocked all sunlight.
We paid a gardener to fill in the dip in the garden but it has since reappeared.
Is there anything that I can do???? Advise please!
I'm almost 76 years and am not able to keep sweeping them up. What are my options>
This week I returned from work to have my wife tell me the neighbours over the back had started cutting down all the trees. We received a note through our letter box today, saying 'sorry we hadn't told anyone ... we do have planning permission ... enjoy the extra sunlight'. I then looked out today, as I work from home on Thursdays, and they have literally cut every single tree down. Gone is our lovely private garden, replaced by an exposed view right into their own house.
Looking around the net it seems most people are concerned about trees growing too tall, or encroaching on property, but there's nothing about people wanting the trees kept and feeling the felling of those trees has seriously altered their enjoyment of their back garden. I've literally just finished building a writing studio which now looks very exposed sitting a few feet away from what used to be sheltering trees. I also had plans to build a sun room on the back of our house to enjoy and relax after a busy day - but without the privacy of the trees that plan is also ruined.
It seems to be that there should be some requirement to gain agreement from all parties involved if something like this is done. If there is no such requirement I think it's an area of planning permission that needs looking into. It's certainly ruined any sense of enjoyment we have had with our garden, and as I said, we weren't even notified until the work had already started.
I have asked the owners of the conifers to trim them - I have no sunlight in my garden in winter at all, and limited times of the day when I have sunlight during the summer due to the height of the trees - but he refuses. The trees are not only tall and ugly, they are also very bushy and hang over into my garden by about 10 feet at least. They are partly destroying a fence that separates my house from theirs as it is leaning and the conifers are right up to the fence itself.
My neighbour in the flat has also asked the owner of the conifers to cut them back, but with no success. The conifers are so bushy that not only do they dwarf his flat, the branches are so close to his windows that he can open the window and touch them.
Neither I nor my neighbour own our properties and our housing association is completely uninterested in pursuing this on our behalf. Any suggestions?
I live abroad and let out my house in the UK.
I received a complaint, via my letting agent, about ivy in my garden overhanging into my neighbour's garden and protruding through his shed roof. I had a tree surgeon chop down the ivy (and the tree in my garden that it was growing on) and I also paid the tree surgeon to remove the ivy that had gone over into my neighbour's side.
However, now this neighbour has sent me a bill based on a builder's quote (500 pounds plus) for a new shed roof, claiming that the ivy had damaged it by causing it to lift and allow water in (and a threat of a court case if I do not pay him).
My arguments against this are: (1) I cannot be held liable as he never reported the problem UNTIL the ivy had ALREADY penetrated his shed roof;
(2) He, himself, could have prevented the alleged damage to his shed roof by cutting back the overhanging branches himself - even if he did not report the problem to me
and (3) He has not proved that it was the ivy from my garden that was the sole cause of the alleged damage to his roof.
Would my arguments be correct under the law? - Or, where do I stand and what advice can you give?
Many thanks!
Is what they have done illegal? Will the trees survive or is this action likely to kill them now?
We are very upset but still are trying to resolve this amicably but not getting very far. What action can we take if an amicable resolution can't be reached?
before we did this there was subsidence, now fixed.
his was caused by neighbours trees.
These were cut down.
Other trees, however, have caused damaged to the guttering, soffits and tiles from roof.
This has allowed pests to enter the roof and infest the loft.
I have been quoted about £4000 to fix the repairs, which i don't have.
I also cannot trace the owner of the trees.
It is even more complicated by the fact that the soffits are made of asbestos.
I cannot afford to pay for this and claim it back so not sure how to proceed.
I resent paying £1000 excess to get something fixed that i didn't cause.
The neighbour who owns the trees has NEVER had them trimmed or cut back unless forced to.
My nextdoor neighbours have given up asking him because he is not very approachable.
Where do I stand in getting him to trim them down? Is the height and the fact that they obscure our gardens from direct sunlight anything to go by ?
Any help would be appreciated.
We erected a 6'high fence between the properties and where the Silverbirch trunk was growing diagonally we cut the fence around it so my fence has a hole with the trunk poking through.
Hope that makes the above post a bit clearer now.
Thank you.
One of the trunks grows diagonally and years ago when it was smaller we built a 6' fence around it.
Now it is even bigger and is lifting the fence out of the ground.
Over the years we have cut down and disposed of many branches but now it needs a tree surgeon.
I am waiting for the owner to contact me but anticipate problems with him.
Where do I stand ? I really want the offending trunk removed. Who should pay for that ?
Hope you can advise, thanks.
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.
Fire services stated that the other trees (including two of my own) were an accident waiting to happen and they recommended they be considerably reduced.
My neighbour was not insured and the damage to my roof was in excess of £7000, the cost was met by my insurers, but shrubs and ornate trees were not covered.
I applied to the local council (Scotland) for permission to have all the trees reduced, as the trees in our village are protected, we live in a conservation area. Permission to reduce was granted.
Neighbours agreed to go ahead and a tree surgeon was instructed to carry out the necessary work, each of the three neighbours agreeing to pay their own share of the cost. A 'cherry picker' was required due to the height of the trees, which increased the cost. At the last minute, the neighbour whose tree went through my house, with another two threatening, withdrew. He is now refusing to have these trees reduced.
It was sheer luck that on the day his tree fell on our property, we had just two minutes earlier left for work, or our vehicles including ourselves and our two children would have been flattened. I am fearful that these two remaining trees will fall on our property and we may not be as luck next time.
What can be done to have these trees reduced?
I am concerned not only for the roof, but also for potential damage due to roots as the tree is very close. I would also like to have the tree cut back from the kitchen window but they do not actually hang over my property. I haven't yet broached the issue with either my upstairs neighbour nor the owner of the tree.
So my questions are:
1. Who is liable for the overhanging branches onto the property? They are touching the roof of the upstairs maisonette and could potentially cause damage to my upstairs neighbour's property which could in turn affect my property.
2. How can I go about assessing the potential risk from the tree's root system to my property?
3. Who would be liable to cut back the branches that do not hang over my property but do block out significant light from my kitchen window?
4. Where would I stand if my upstairs neighbour and the tree owner both have no objection to the tree and would rather it wasn't cut back/down?
Some other things to note: There is no right to direct sunlight, only daylight.
Even if you have a right to light, the amount of light is restricted to approximately equivalent to one foot of candlelight - more than most people receive anyway.
You do not have any right to a view which is obscured by trees. Equally you have no right to not have a view if trees previously covered an undesirable feature such as a brick wall.
You are perectly entitled to cut back any branches or growth that overhang your property.
We have recently completed a total home renovation and part of this included landscaping the garden etc to make better use of the fact it's south to southwest facing. Since completing the project and with spring/summer coming round, we noticed that the 3 trees all of which are around 15m tall in our neighbours garden are now in full Bloom and at a certain time in the early afternoon they block all direct sunlight to every part of our garden/home. This effectively has rendered our modifications somewhat pointless and is really affecting our enjoyment of our garden and opportunity to develop plants etc successfully successfully. I know factually from the neighbour neighbour that there is no preservation order on the tress since he cut down 4 further tress in past years before we bought our property. What can we do and if our chat with our neighbours regarding the issue doesn't go well, what legal rights do we have? Thank you
the house to the left of our property is rented and they have a number of trees in there garden which have grown into our fence causing our fences to break.
i have contacted the landlord who has refused to cut the trees down.
where do i stand as her trees in her property are damaging my property?
The neighbour cut all the branches from the ground up to the top of the tree, without let us know or informing the council.
They now want us to cut the tree, and claiming damages to their property, ($80,000.00). This only came about only when we put the property up for sale.
What are our rights ?
It appears the roots have lifted the driveway concrete (Only 3" with no reinforcement)
What can we do.
My neighbours are trying to build a new house in their garden very close to my boundary. I have two questions,
firstly they want to remove my hedge, I am pretty certain its my hedge but worst case scenario it would be jointly owned.Can they force me to remove it or reduce its height?
Secondly can I be held responsible for tree root damage in the future to my neighbours new house as my hedge was there first?
I myself had 13 leylandi trees bordering the back fence and when they became very tall I started to suffer from depression due to the lack of sun in my garden and decided to get them cut down, but I am now going down that road again as this tree is taking the sun away from me. Apart from asking them nicely to cut the tree down, is there any other recourse I can take?
Kind regards.
was checked by a qualified tree surgeon company and is healthy. If for some reason (i.e. storms etc.) the tree or branches should fall on my neighbours property and/or building who is liable?
I was wondering if someone can help me.
I live in a semi detached house. I have trees at the back of my garden, which I like, want and need as they block the view from the houses across the road. Without them surrounding residents would have full view into my home, meaning zero privacy. Also I was burgled a few years ago and that's the fence the burglars came from, so in essence I feel secure with them there.
A new neighbor has moved in and yesterday he came round and complained that one of the trees that grows in my back garden's roots are extending on to his and that I IMMEDIATELY get that tree cut and killed AND plant a new one further away so the roots don't extend on to his property. I said I would speak to the council and he said I didn't have to and that I could destroy the tree without permission. I did offer to cut the branches that were extending on to his yard but he insisted on killing the tree, which I definitely refuse to do. His argument is that its affecting his lawn, which it isnt, its simply a corner of it.
I dont mind if gets rid of some of the roots or gets someone to look at it and I can pay for the cost but there is no way I wish to cut that tree down.
Am I legally obliged to get rid of the tree if I dont want to? What can I go back to the neighbor with who's being rather difficult if I'm honest.
Can someone help or point me in the right direction?
Many thanks,
JM
large tree roots coming into the front garden from the school, we have been in touch with the school, and have been told that they are going to poison the tree
but this will take some time to do. but we are more worried about the roots going under the foundation. as the trees are very near our house, we have been in touch with the local council, but they were not interested at all, can you advise us on what can be done
Thanks
Any advice will be much appreciated.
Thanks
As for the trees, it was not the roots that caused the damge to our fencing, but teh tree's and surrounding bushes, becoming so over grown they pushed up against our fence, causing it to collapse and break.
As i said, I am disabled so i can not do the tree cutting, and as it is about 100 foot tall, there would be no way I would even consider getting up there.
As for the light, wel, maybe your right, but we do have a case that would argue, that due to teh tree's being so tall, and the sunlight can not get to the block paving, which has since casued dampness and moss to grow, on a brand new patio, where the sun gets too, we have no such issues.
We have also been informed that the tree is nowhere near fully grown, and as it is already higher than the three storey building it is next too, it would then become too big for the size of the garden, which is a shared garden for that block.
Since i posted this to yourselves, the secretary of the management company visited us last night, after i emailed indicating that we would consider taking legal action under the legislation called "Nuisence" which tree's are covered by, he has made it clear that he is pushing to have the tree removed, so as not to casue any more damage, and light blockage, so it looks like one tree has been dealt with, now we have 6 more, and some huge bushes all from the same neighbour group.
Thank you for your assistance, it looks like wehave managed to sort out the issues, it seems like the threat of legal action can get things done, and as for problem neighbours, well, they are all foreigners in that two blocks that boarder our house, and they keep themselves to themselves, and talk to no one, so it is no great issues.
Maybe others should look up the laws for Nuisence, there are two, one is applicable to tree's, light and so on, then at least youwill have some ammunition to help.
They have fobbed us off many times since then, when we ask for an update, we have also had the secretary of the estate committee around to view the tree's and he agreed that they are very tall, and they do hang over to nearly half our garden, he stated that an annual meeting would be help in September and it would be raised, It is now October and no meeting took place, and it looks like no meeting is either in place or planned to take place in the forseeable future.
being disabled, i cant shin up the tree and cut it back. And in the ten years i have been here, there has been no work carrie out on the tree's that we could see, please help, we have already replaced the fencing becasue there tree's damaged it beyond repair, and i cant get up to the gutters anymore to clear out the many millions of leaves that fall every year.
I do have a number of emails.
If the problem you’re experiencing lies within the tree’s roots, you are also entitled to remove any roots which are invading your property. If they are very deep, you could decide to get a professional to come in and remove them for you, and then recoup your costs by claiming on the tree owner’s household insurance policy. """
Incorrect. The tree owners household insurance covers only the tree owners property. Cutting back any encroaching vegetation, below or above ground is at the cutter-backers cost alone.
Last autumn she did ask if they would trim it but not since, the same has also happened to a plum tree which is next to their fence but we trimmed it back last year so it didn't overhang.
Is it legal for them to cut down my daughters tree?
Thanks
Thanks
Sally
I have spoken to the tenant who said he was aware and would fix it, but he didn't. About two months ago I spoke to the letting agent who said they would get someone round to look at it and fix it, they didn't.
Today we have had a torrential down pour and the problem is worse than ever. I have photographic proof of the problem and the damage which I will show the letting agent tomorrow.
If they fail to do anything about it again, what are my rights i.e. can go to the local authority etc
Once the trees start to grow however, there are high hedge laws that may help. Once an evergreen or semi-evergreen hedge grows over 2 metres and it 'affects your light, access or reasonable enjoyment of your property' you can ask your neighbours to cut it back to 2m. The local authority can act, if the neighbour then refuses to do so.
Neighbor has contacted the council and they have requested the tree be removed. We have received a quote and cannot afford the cost as it is too much for us and have informed the council we will cut some more of the offending branches.
Personally feel it is the councils fault for placing a T.P.O on this kind of tree as it was always going to be a nuisance. The tree has been present before we moved in the property over 10 years ago.
Can the council force us to remove? What if a branch damages our neighbors property - Do they have to claim on our house insurance or take us to court.
Thanks
I wish to file an In junction against my neighbour who has made my life absolute hell throughout the past 18 months that I have moved into my new flat and I would like to know if it is possible to get help in completing the Application Form for harassment, anti-social behaviour, bullying and trespassing etc.
Can you provide a completed specimen application form please?
As the trunk is in our garden, it is our tree. therefore could we legally say, you are not allowed to climb our tree? trespass, ?
Thanks
here is no preservation order and the neighbour is expecting me to go 50/50 with them due to the tree not bothering them. I have a akita dog and currently am concerned that as a dog owner of a large dog that my garden is insecure. What options do i have
This is similar to folk who move next door to a church and then complain about the bells!
Why move into a house that has large trees, conifer or otherwise growing very close to it? Live somewhere else.
I sold some land at the rear of my garden in 2002. I have four forty foot conifers in my garden. The house was built some thirty foot way. I ask the developer three times if he would like to remove them prior to building. He said, no, they are a natural boundary. The local planning authority said they were okay, the council arboretum stated that they are not dangerous and should not be a problem. People moved into the new house and had no problems with them. They have now moved and the new people told me that they had decided that before they built the house that they were going to have the trees removed. Now they have complained to the council. Why move to a property with the intention of having trees removed in a neighbours garden? They even want a tree removed which is nowhere near there border.
I may need to hire some specialist equipment in order to reach the Ivy - this may even extend to getting scaffolding errected in order to do this safely. Am I within my rights to claim any expenses for maintenance from my neighbour?
I live in a conservation area (with a TPO) and have the top floor of a Victoria villa. We brought the property in winter and didn't realise the importance of trees owned by downstairs. We now know the previous owner of our property insisted on these trees being regularly trimmed / cut back which makes sense as its blocked most of the view and light for all 3 rooms at the from on the house as they have 3 trees in front of each. The neighbours clearly don't want to consider our needs and are hiding behind the co serration order. What are our rights? I'm unclear as to whether nuisance rights over branches which overhand a property / boy dary apply when the boundary is upwards.
His garage is now in total disrepair and to be honest dangerous. Contained inside are gas canisters and loads of old junk. We have approached him to purchase the garage but wanted a daft amount. How can I find out if, as he says, purchased the strip of land to build his garage? On my deeds, which shows the entire Close (9 house and 9 garages) there is just a blank space where his garage is now. Would he have had to get the deeds to my house, and indeed my neighbours, redrawn to show the change? Any ideas welcome
The law states that you must ask them if they want the cuttings back - not just throw them over the fence-, but if they refuse them, it is your responsibility to dispose of them.. Don't understand why branches should fall on their property if you are only pruning up to the boundary, but if that does happen, they are not allowed to throw them back over to you. I would never grow trees near the boundary as that is inconsiderate and asking for trouble, but lots of people are so selfish it seems
The tree is already about 6m high and according to the information I have read could grow to 20-30m. I have also read that the minimum safe planting distance for this type of tree is 23m from any house and so the tree could eventually damage both our houses. It is also starting to block a lot of light from my garden.
I have written to these neighbours and politely pointed out the facts, but they have not responded. I would prefer that action is taken now and not wait to sue them when damage is caused. What can I do and what are my rights?
My question is: what is the balance according to the law between this neighbour's purported right to a sea view and our right to privacy? May we plant a hedge on our side of the back garden wall to gain privacy, and if so, how high would that hedge be allowed to be? Thank you
The tree roots have cracked the garage floor and the drive. Where do you stand with claiming?
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