What your rights are and the steps you should take if it happens to you
Everything you need to do if you find yourself in the predicament (Image: Getty)
If a tree or hedge from your neighbour has damaged your property and they haven’t fixed it, they might be liable for the repair costs you need to cover. You could possibly handle this through your home insurance, which might then recover the funds from your neighbour’s insurance company.
Gov.uk says: “Your neighbour is responsible for maintaining their hedges so they do not, for example, damage your property or grow too high. If they do damage your property, your neighbour may be liable.” Under UK law, specifically the common law of private nuisance and the Occupiers’ Liability Act 1957/1984, landowners have a duty of care to ensure their trees do not pose a foreseeable threat to neighbouring properties.
Citizens Advice says: “If the trunk or main stem of a tree or hedge is on your land, you own it. If it’s on the boundary between properties, you’ll need to check the legal documents you got when you bought your home. They’ll indicate where the boundary is and might say who’s responsible for the tree or hedge.
“You can buy the documents from the Land Registry if you don’t have them – it only costs a few pounds. It might be a good idea to buy the documents for your neighbour’s house too – they might give information that’s not covered in yours. If it’s not clear where the boundary is, you can get help from Royal Institution of Chartered Surveyors (RICS)- they work with surveyors who can help with property problems.”
According to English and Welsh law, the ownership of a tree is determined by the position of its trunk. You are allowed to cut back branches that extend over your property or roots that encroach, but only up to the property line. It’s crucial to avoid stepping onto your neighbour’s land or damaging the tree while doing so.
The owner of the tree or hedge might be held liable
If a tree causes damage, such as falling on your fence, or if its trunk, branches, or roots lead to structural issues, the owner might be held liable, particularly if they were aware of, or should have been aware of, the risk and took no action. This is why it’s wise to notify your neighbour in writing as soon as you spot a problem; otherwise, they could argue that they were unaware of it as a defence.
What to do if a neighbour’s hedge damages your fence?
If your neighbour’s hedge has damaged your fence, you need to take pictures of the damage and look at your property deeds through the UK Land Registry to verify who is responsible for the boundaries. Steps to resolve the issue include:
Gather evidence: Take clear photos of the damage to your fence and the hedge pressing against it.Talk to your neighbour: Approach them calmly to discuss the issue and ask them to cut back the hedge and repair or replace the fence.Check your home insurance: Your insurer may cover the repair costs and pursue your neighbour to recover the expenses.Mediation: If your neighbour refuses to cooperate and you wish to avoid court, use the Civil Mediation Council to find an impartial dispute mediator.
If the boundary is unclear, consider hiring a RICS-registered surveyor to officially establish property lines.
What to do if a neighbour’s tree damages your fence?
According to UK law, if a tree falls from your neighbour’s property onto your fence, the tree owner is usually held responsible for the damage. It’s the neighbour’s duty to take down the tree and pay for the repairs, particularly if they were aware that the tree was dangerous and did nothing about it.
Document the damage: Take clear photos of the broken fence, the tree, and any property damage before clearing anything away.Contact your neighbour: Have a polite conversation to agree on who will cover the costs. If they refuse, send a written letter outlining the issue and requesting that they remedy it.Notify your insurer: Call your home insurance provider. They can help handle the claim against your neighbour or advise you on the quickest way to get the fence repaired.Check tree protection: Before doing any work, check the UK Government Check if a tree has a TPO tool. If the tree has a Preservation Order or is in a conservation area, you will need local council permission to prune or remove it.Get estimates: If you need to instruct a tree surgeon or contractor, get at least two written quotes to use as evidence if you end up taking the dispute to the Small Claims Court.
If you think a neighbour’s garden is a health hazard, you should contact the local council’s environmental health department.
The ownership of a tree is determined by the position of its trunk
What should you do if a neighbour’s hedge or tree is blocking light or views?
Citizens Advice says: “If you’ve lost daylight to your property or views you previously enjoyed, you should try to negotiate with your neighbour to reduce the height of the tree. You can’t chop down your neighbour’s tree without their permission. If a hedge or two or more trees in a row are blocking light, you can complain to your local council”.
What should you do if a neighbour damages your tree?
Citizens Advice says: “Your neighbour can cut back roots and branches that overhang onto their property, but they should discuss this with you first. You both might need advice from a tree specialist about what will happen if you cut back the roots.
“If your neighbour cuts back a tree too far without your permission, or cuts it down, this could be criminal damage. Read more about how to resolve a dispute about damage”.
What should you do if your neighbour has dangerous or non-native weeds?
Certain harmful weeds can be highly invasive. It’s illegal to allow non-native plants, such as giant hogweed and Japanese knotweed, to spread into natural areas. If you’re dealing with a dangerous weed in your garden, you might be able to convince the landowner to take it out. Sometimes, the local council can help you eliminate the weed as well. To see if you can get assistance, reach out to your local council using the provided contact information.
If you have to get together with neighbours to get rid of the weeds, there are specialist companies that can help. You should be able to expect the following from such companies:
a free first visit for a quotea reasonable charge based on the time taken to get rid of the weed and the cost of any chemicals useda guarantee for a reasonable number of years.
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