Even the most harmonious neighbourhoods are not immune to the occasional dispute, and one of the most frequent flashpoints between neighbours involves trees.
According to a survey conducted by Saga Home Insurance, more than half of Brits have fallen out with their neighbours over trees, with 30% identifying overhanging branches as the principal cause of conflict.
Anna Thunstrom, the firm’s head of home insurance, has outlined the rights of those affected and offered guidance on resolving such disputes.
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.
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“In the most serious cases, unlawful tree removal can even result in criminal charges.”, reports Wales Online.
The survey further revealed that 28% of respondents had encountered problems with leaves blowing or falling into their garden, while 15% had experienced difficulties caused by a neighbour’s tree roots.
Just over one in 10 people indicated that their own trees had been damaged by a neighbour.
Ivy covered fence(Image: kampee patisena via Getty Images)
What can you do legally?
Regrettably, if a neighbour’s trees are encroaching upon your property — such as obstructing natural light to your home — there is very little recourse available to you under the law. Anna advised: “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 added: “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 resolve the issue.
One thing you must never do is step onto your neighbour’s land to tackle the matter yourself – this could swiftly result in criminal charges. That said, should your neighbour’s tree branches extend over your boundary, you are perfectly entitled to trim them back.
Anna explained: “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 continued: “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 explained: “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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