The law states what you can and cannot do — and how to avoid a costly dispute.
Even if you’re lucky enough to have the most fantastic neighbours imaginable, there’s still every likelihood that a disagreement will crop up at some point. One of the most common sources of tension between neighbours is trees.
More than half of Brits have fallen out with their neighbours over trees, with 30% citing overhanging branches as the primary issue, according to a survey by Saga Home Insurance.
If you’re dealing with any of these issues, the firm’s head of home insurance, Anna Thunstrom, has set out what your rights are – and how to settle the dispute.
She said: “It can be difficult to know what your rights are as a homeowner or tenant. Illegally cutting down a neighbour’s tree could cost homeowners far more than they expect – from fines of up to £20,000 for protected trees, to civil compensation claims, legal fees, and replacement costs that can run into the thousands.
“In the most serious cases, unlawful tree removal can even result in criminal charges.” The survey also revealed that 28% of respondents reported problems with leaves blowing or falling into their garden, while 15% have experienced difficulties with a neighbour’s tree roots.
Just over one in 10 people indicated that their own trees had been damaged by a neighbour.
What can you do legally?
If your neighbour’s trees are affecting your property, such as blocking natural light to your home, there is unfortunately very little you can legally do.
Anna said: “In these situations, it’s best to speak to your neighbour directly and attempt to come to a reasonable solution or compromise. Going into these situations with kindness can make a world of difference and make your neighbour more receptive to helping you out.”
She said: “If an agreement cannot be reached, you can ask your local council to help you find a mediator for conversations. However, you may need to pay the mediator for their time,” reports Wales Online.
How to solve the problem
One thing you must never do is enter your neighbour’s property to sort the problem yourself — this can quickly lead to criminal charges. That said, if your neighbour’s tree branches are overhanging your boundary, you are entirely within your rights to prune them.
Anna said: “If overhanging branches from your neighbour’s trees are blocking sunlight or causing issues in your garden, the law allows you to cut these branches at the point where they cross the boundary line into your property, provided you don’t trespass onto your neighbour’s land to access them.”
She said: “However, before doing this, you should speak to your neighbour and see if you can come to an agreement.
“If you do cut down the branches, don’t throw them away – because according to the law, the branches on your side of the property still belong to the tree’s owner. It’s your responsibility to dispose of any branches you cut, but make sure to check with the owner before you dispose of them.
She said: “The same rules for tree branches also apply to roots. If a neighbour’s roots are causing issues for you in your garden, the law allows you to cut the root up to the property line.”
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