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Can I force my Neighbour to cut his tree?

What legal position do I have? You cannot force your neighbour to remove overhanging branches or fallen leaves on your property. However if these cause excessive damage, you can sue them for the cost of repair. 6 days ago

problemneighbours.co.uk - Problems With Neighbouring Trees: Action Guide
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Problems With Neighbouring Trees: Action Guide

If your property shares a boundary with a neighbour's property, there are a few aspects of the law (and good neighbourliness) that you need to bear in mind when growing trees/hedges. This guide covers what you need to know and also what you can do if you are having problems with your neighbour's trees.

Cutting back trees

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. 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. 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.

Neighbour cut my trees right back My neighbour recently contacted me to say she was going to get the overhanging branches from the large tree in my garden removed and that some branches may end up in my garden. I said I didn't have a problem with her removing any overhanging branches. I got up this morning to find that my trees had been basically chopped down. The overhanging branches were indeed removed but right down to the tree trunk! I now have a line of bare tree on my side. I understand 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 regarding this situation?

If you are pruning a neighbours' tree, be careful that you do not damage the tree further back than your boundary. If you damage the tree on their side, they may claim against you for the replacement cost of the tree. Be careful to check if any trees are subject to a preservation order - your local authority will be able to tell you this. If you cut down a tree with a preservation order, you will be guilty of an offence under section 210 or 211 of the Town and Country Planning Act 1990.

Can we invoice neighbour for tree cutting? There is a 20 metre long fence between us and our neighbour with a wall of fir trees growing on the neighbour's side of the fence. We hired a gardener to trim the fir tree branches back to the border of the fence. Can we send the Invoice received from the gardener to the neighbour?

If you choose to cut down overhanging branches, or trim trees, you will have to pay for the cost of doing so yourself. Try speaking to your neighbour however as you may be able to reach some sort of agreement in relation to any gardening work required, though they are not obliged to contribute to this cost. Note that you are not entitled to access to your neighbour's property to enable you trim the branches on your side of the boundary without their permission.

Ownership of trees

Sometimes you may be unsure who owns the trees causing you concerns or the trees may be part of a shared boundary and you are unsure who is responsible for their maintenance: Trees that do not belong to anyone? We have several very large trees surrounding our garden who we have been told do not belong to any one we want them cut down just a small amount who can we get to do this. We have phoned the council but they've not been much help.

Trees that form part of a boundary The boundary line between our house and our neighbour's is clear and undisputed. It presently consists of a wire fence. However, there are some very tall cedar trees planted many years ago on our neighbour's side of the boundary, but close to it. These trees are essentially on our neighbour's land so we do not feel we have a responsibility to maintain them. Our neighbour, however, feels they are our responsibility as they form part of the "hedge" line to the left our property when viewed from the front. Who is right?

A tree belongs to whoever owns the property upon which the tree trunk originally grows, even if the branches or roots have begun to spread onto another property. The owner has a duty to maintain this tree so that it does not cause a hazard. Therefore if branches are broken and hanging precariously, the owner should remove these. If a tree is planted on the border line between properties, you should check your Property Title Documents to see if these give ownership to one property. If not, you both share the duty to maintain the trees, and these should not be cut down without prior consent from both owners. To check your title deeds visit the land registry website or call them on. There is no such thing as 'no man's land'. All land and therefore all trees are owned by somebody. If you can't decide by looking at the original Property Deeds who owns a tree, a court will be able to decide for you. However this is an expensive resolution and so it may be better to simply agree ownership between you and your neighbour.

Damage caused by overhanging trees

Council owned trees damaging my property Adjacent to my house is some green belt land owned by local council. On this land there are some large trees, 3 of which run adjacent to my property. Last year the council agreed to prune back the lower branches of the trees but only up to 20 ft in height. As a result, the branches at the higher level have continued to grow and some of the branches now virtually touch my property. There are a large number of leaves coming off these trees and causing blockage to guttering etc. I am also concerned about the potential damage if one of these trees fell in the high winds. What legal position do I have?

You cannot force your neighbour to remove overhanging branches or fallen leaves on your property. However if these cause excessive damage, you can sue them for the cost of repair. It is however always better to try to amicably resolve any disputes with your neighbours before resorting to the courts, which is often a long and potentially expensive process - remember you still have to live next to this person, so an amicable solution will often lead to a more comfortable living environment. If any damage was caused by a tree from your neighbours' property but this was due to 'an Act of God', such as a thunderstorm, any damage was not foreseeable. Your neighbour will not therefore be responsible for this. If any damage caused to your property is severe, you may wish to contact your Buildings Insurance company about this. Falling leaves, fruit, flowers, and pollen are annoying, but you cannot legally ask your neighbour to prevent this or remove any fallen debris. Liability to remove any fallen leaves etc lies with the owner of the Property affected (or the Tenants if they have maintenance obligations which include gardening). Whilst falling leaves etc are annoying, they are not legally a 'nuisance', which has a very specific meaning.

Right to Light

Neighbouring trees blocking our light A property we are thinking of purchasing has quite a few trees in the back garden which completely block any sunlight. Some could possibly have preservation orders on them. Is there any way we can have these thinned or removed. Does our right to sunlight override that of a preservation order?

The Rights of Light Act 1959 states that if a Property has received daylight for the last 20 years (the minimum prescribed period), they may be entitled to continue to receive that light. This means that if your neighbour builds a large fence or there are large trees which restrict the daylight your Property receives (for example by blocking daylight reaching a window), you may be able to apply to the courts for your daylight to be restored, or for any injunction to prevent a proposed fence being built. If trees have a Preservation Order, this suggests that the Property does not have a Right to Light, as it will not have had a continuous period of daylight for at least 20 years. Usually the only way you can prune a tree with a Preservation Order is if it has become dangerous.

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. 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.

Dangerous Trees

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.

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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.

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Twist - 23-Oct-22 @ 8:27 PM I have an alcoholic neighbourh who keeps cutting his lorel hedge down and has constantly left the brash in my garden, these are large extremeties off the hedge itself(as big as a tree the lorel itself) thus making it heavy and awkward to lift and move, I am disabled and have had to on each occasion put it over the 6ft fence back into his garden each time causing me sever pain in my cervical spine and spine itself to where I have severe medical implications, can I legally sue this man for damages caused to me medically for this aswell as get him done for fly tipping in my garden?

Luna - 12-Oct-22 @ 8:37 PM My neighbour chopped the top of my tree with out my permission what can I do

Pearson Nik - 12-Oct-22 @ 6:56 PM I have an issue with my neighbours bamboo coming under the fence and into my garden and sproutingup to 8 foot into my lawn . I am going to be laying a porcelain patio next summer and I don’t want it to damage my new patio. The problem I have is 15 years ago the wife of my neighbour gave me permission to enter her property and cut down 2 “diseased”tree’s ( at my expense) . I paid for the work and when her husband returned from working abroad , he took me to court for trespass and damage to his property and won £3500 from me as I told the truth and said I cut them down with her permission. She said I had threatened her and just did it without informing her . So my problem is , I have to approach them to cut back their bamboo as it’s ruining my garden , but can’t see them playing ball . Any ideas would be helpful ??

Angrybird - 10-Oct-22 @ 3:35 PM The trees to the rear of my garden in a neighbouring house are now so high and overhangalmost half of my garden. They have damaged my wooden shed roof & side to the point of no repair as constantly wet / damp in tin the shade. I have had the shed roof repaired once but it has rotted away again now, & i cannot/ will not repair or replace again as same thing will happen. I cannot use/ accsses my washing line, due to leaves, sap , berries all dropping constantly on washing, so i have over half a garden that is unuseable. I have had to put a portable rotary drier on my very small patio area to dry clothes, which then renders that part of garden out of use for me as line takes up so much space.I have virtualy no natureal ligh what so ever, have put lights on as early as 4.30 in the afternoon in kitchen & lounge as so dark, now with the cost of electricity set to go so high i am at my wits end , what are my rights if any. The owner of the property/ buisness who is respsonsible for the tree has not responded to my calls regarding this issue.

Ocko - 9-Oct-22 @ 12:59 PM The roots of my neighbors tree is pushing my fence over and he will not do anything about it, can I do anything?

SP - 9-Oct-22 @ 8:56 AM Hi our problem is my neighbours trees ?? are over hanging our garden one especially is so bad it's leaning over to the other neighbours the trees need to be cut down by professionals I have asked them about itmy wife wrote a letter to the neighbour with no response with high winds we have branches all the time comming down what else can we do?

windy1532 - 29-Sep-22 @ 1:47 PM We have an Apple Tree and a Damson Tree that overhangs onto the neighbours property. Apples and Damsons naturally fall into his garden, he will not allow me or anyone I hire to cut back the branches or enter his land (I had to get a court order to repair my fence). This in itself isnt a problem for me but what is a problem is that he throws the apples and damsons back over the fence, sometimes with such force that my wife had to go back into the house to avoid being hit by the apples. I have asked him on several occasions not to do this but still it continues, surely this cant be right, I dont really know what to do.

Poop - 26-Sep-22 @ 6:34 PM Silver Birch bottom of my garden right up against fence We Tidy it annually Neighbour at back moaned about leaves in their garden and worried it might blow over instrong winds I had it cut back again a bit to take off low branches hanging over their garden Neighbour came round moaning still saying they want it cut back on their side more We said just cut back what’s over hanging Came home few days later and the neighbour has slaughtered the tree beyond saving and our tree surgeon says it’s unbalanced and has to be cut down The neighbour has cut all branches right back to trunk on their side This now means the tree is definitely at risk of falling on our side as so unbalanced Do we have any rights on what they have done to our tree at all?

What to Do - 26-Sep-22 @ 3:30 PM I have 3 Pittosporum Hedges in my garden which require trimming every year.They were cut last week, my neighbour (who doesn't speak to me) came out & complained to the gardener that bits had gone over the fence into her garden. My gardener was very polite & advised it was inevitable. He had to go round to my neighbour to pick up the 'Bits', which he didn't complain about but didn't like the Attitude!!! Am I within my rights to inform my neighbour to throw the bits back & I'll pick them up or is my gardener obliged to do it??

Hmr90 - 26-Jul-22 @ 7:00 PM Our neighbours have planted cherry laurel behind our fence at the bottom of our garden.z the fruit falls Into our garden and has potentially poisoned our dog. We can attempt to prevent access but it’s a small garden and the fruit gets everywhere. Do we really have no rights to ask our neighbour to prune the trees on their side as well as the overhang?

Comella - 24-Jul-22 @ 12:30 PM Hi Problem Neighbours My neighbour collected leaves which fell onto her land from my eucalyptus tree. At first she put them in 3 large soil bags and put them over the fence without saying anything to meThe matter only came up when I wondered what large bags were doing in my garden - then discovered what they were. Not content with that, some days later, she emptied the leaves in my garden and removed the bags. I know what she has done is illegal but what can I now do to legally address this? For example, is it fly tipping? As you can imagine, I am very annoyed about it. Regards Comella Helden - 20-Jul-22 @ 9:52 AM We own are on house and our neighbours are council, she has planted a number of trees in her small back garden, when we bought are house they looked at trees quite a distance from our house as they were concerned about root damage to the housethey turned out to be OK. The neighbours tree roots are nearer to our house, concerned about damage and light.Also she has vine growing up to her roof and it's crawling towards ours again worried about damage to house. concerned - 20-Jun-22 @ 4:03 PM Our neighbors tree large tree branches are hanging over our garage. At times we have his limbs on top of our garage. the shingles are turning green from moss because they cant getsunlight in spots. We asked if he would cut down the tree and we would even pay for him to cut it down but he said no. Can we legally bring someone in to cut the branches that are hanging over on our garage.

Eric - 13-Jun-22 @ 3:03 PM There is a 50-60 foot Ash? tree getting bigger every year about 12 feet from my property on land owned by a property developer which frequently rains branches into my garden during high winds. I've tried to get property developer to reduce height or remove tree but they're not interested. What recourse do I have?

Old man - 6-Jun-22 @ 2:32 PM Tree next door lost a huge limb last ice storm .It shows that thr tree is very rotton and is a danger to our house.No one owns the house but a son of the previous owner is paying the taxes and has no intention of removing it . How do I get it taken down ? It owneship may be tied up in court.I live in tennessee.

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BJ - 22-May-22 @ 11:47 AM While my neighbour's property was empty before they bought it an oak tree seeded itself and during the two years that they have lived there it has grown to about 15 feet tall.it is right next to our dividing fence, and only about 12 feet away from my extension and 20 ft from their own house.I am worried that it will undermine both our houses.what should I do about it?

Theresa - 26-Apr-22 @ 5:19 PM I have been dealing with my neighbors almost 3 Years. I Caught them spraying MY trees with poison. Well they finally got more aggressive m the poisoned Every one of them! Even to he ones by my pond. Which Killed 9 Horses and ponies. Not Only did I tell him to Stop. The entire Hedge row is Dead. Plus they stole Every good posts out of them! Which right now they are worth a Lot of money. The Shery was contacted. The State DNR and The State Pericide people who j they sent 2 teams to investigate this. They all wanted to wait until it warmed up. My horses died a Very Cruel painful death! Which I have videos showing how bad. Well now that it's Spring. Obviously they are dead. The neighbors stole all of the good posts. Trespassing on My land, and they stole about 4 ft of My property by moving the property line around 4-6 ft. Yet they did not dispute the trees were Mine. I want compensated for the loss of Our horses. The tree hedge posts that they stole, the value of Each tree. The cost to plant it back IF the ground is not too contaminated,! And Our pond! I feel the Sheriff is Just as Negligent as the crooked thieving neighbors! Who do I call? They also killed a pair of Bald Eagles that built a nest in one of the trees. Hello???!!! Is it Only Iowa that can actually get by making up their Own laws as they go? Paraquat. Crossbow. They were Both used. One neighbor confessed. But when the Sheriff won't do Squat. Neither will the State Nor the Federal EPA! Please I'm begging you to help me and my children and the Huge loss of our animals and Hedge Row that my deceased husband was so proud of. ;( Just because I am. Woman does NOT give them the right to ruin , destroy, and kill Our Animals! Pez - 15-Apr-22 @ 12:03 PM My next door nabourowes her property. So do we ..but she got over grown colfers trees that are way over grown on our part all the way down from the top garden to the bottom ..they are higher then the houseshe cut them down her side but left them to over grow our sidewhich are cutting sun light and braking the fenceand also on our glass green housewhot can we do about it we did ask her but she just turenda blind eye Jespah - 28-Mar-22 @ 8:35 PM My neighbour's tree had fall down and has landed on my garage causing damage to my garage, decking and fencing. My insurance company are offering a cash settlement however, my neighbour will not allow me access onto his property to rectify the problem. Do I have any legal right to enter his garden to remove the tree. Lu - 22-Mar-22 @ 12:15 PM My neighbor has fruit trees on her property that overhang my property. I have a rat problem and was told that the rats are around because of the fruit trees. The rats have even been in my house. What can I do? How do I find out if they are even allowed to have these trees.

Jen - 10-Mar-22 @ 4:13 PM We moved into our house just before christmas and have started to trim back all the overgrown plants and trees as its a well established garden but we want more space for our children to play. We cut back a load of Ivy that runs along the fence between ours and our neighbours house so we could walk down the path without being attacked by it but now every few days our neighbour keeps throwing over the Ivy cuttings and branches that must have been growing over to their side. Are they allowed to do this or is it their responsibility to dispose of whats on their side of the fence?

Sepi - 10-Mar-22 @ 12:26 PM Our neighbour wants to remove our tree from the root as they believe the root has caused some damage to their fence. What should we do in this situation please? The tree has been there long even before we move in and gives us some privacy I appreciate your help Thanks Funkylady - 26-Sep-21 @ 6:29 PM Hi my next door neighbours trees are blocking the sun in my garden we have our Conifer trees trimmed down every 3 years to keep up with them overgrowing but our next door neighbours have lived at there property for 2 and a half years and they haven't done anything in their garden it's all overgrown is there anything that can be done to resolve the tree problem thankyou.

Barks - 24-Sep-21 @ 2:58 PM I have a 100 year old oak tree at the bottom of my garden. The neighbour at the bottom decided to erect a small concrete building around 15 years ago. Now says that the roots are causing subsidence to his building, and he wants to remove it. I said no - the tree’s been there for a long time. Who’s right?

Ruth - 23-Sep-21 @ 12:45 PM My neighbour has a holly tree growing on his side of our boundary but due to denseplanting in his own garden the whole trunk of the tree has bent over our garden searching for light and blocking our skyline.We cannot cut the tree back without cutting the trunk and probably risk killing the tree.. where do we stand in law with this please?Thank you Sterling - 17-Sep-21 @ 10:32 AM I live in a false house and my house and garden are lower than the surroundingproperties.The garden behind has 2 trees along the fence line that block out light to mine and 2 neighbours gardens.One is a large Ash tree thathas one branch which hangs over my garden.This is around 20 foot up in the air.Do we have any right to ask if the centre branch could be removed as it blocks light inside my house.The remaining 2 branches would still provide the privacy the neighbour says this tree provides.

kev - 8-Sep-21 @ 2:19 PM my neighbour has cut one of my trees down without my consent, it's on my side of the fence, so she must have lifted the fence to get to it. I now have a 6ft hole in my tree line. what can i do, or do i contact please. she has done this once before and i told her if she ever done it again i would call the police. but is this something the police can help with?

PS - 6-Sep-21 @ 12:56 PM My neighbour's tree trunk has widened so much it has broken my wooden fence and the concrete support. I wrote to the owner, with photos, asking him to deal with the situation. He did not reply. I wrote again in May. Once again he failed to reply. Do I need to seek legal advice?

Cragdomcon - 4-Sep-21 @ 5:39 AM ¿Where do you hath goeth the information about the whole common law right to dimension do so a thing?

Maggie O - 31-Aug-21 @ 9:14 AM I have asked my neighbours for 2 years to cut back her trees. In autumn the leaves & berries constantly fall, leaving a mess on my driveway. I have a fairly new car, which I can’t even park on my driveway because of the mess the berries cause to the car! I am now having the overhung branches cut at my expense. I however be leaving the cut branches in her front garden for her removal. Also I need to now have my driveway cleaned because of the mess her trees have caused. Can I claim the cost of having my driveway cleaned, by her?

Title: Miss Ms Mrs Mr Dr Rev'd Prof. Other (never shown) Firstname: (never shown) Surname: (never shown) Email: (never shown) Nickname: (shown) Comment: Validate: Enter word: Sometimes you might need to access a neighbour's property to do essential maintenance on your own...what's allowed and what's not? Read Your rights to access neighbouring land

problemneighbours.co.uk - Problems With Neighbouring Trees: Action Guide
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