Unfortunately, disputes between neighbours over trees often arise. Whilst trees can enhance the appearance of a property, they can also cause practical and legal issues where branches or roots encroach onto neighbouring land.
Whether you are dealing with overhanging branches, invasive roots or damage to your property, understanding your legal rights can help resolve disputes before they escalate.
Cutting back neighbour’s trees
Under English law, a property owner has the common law right to remove branches or roots that encroach onto their land. This is known as the right of abatement. This means you may cut back branches or remove roots, but only up to your boundary line. You do not need your neighbour’s consent to exercise this right.
However, there are some important limitations:
- You must not enter your neighbour’s land without permission to carry out the work, nor should you remove more of the tree than is necessary.
- Any work undertaken should not be so extensive that it causes the tree to become unstable or die.
- Where significant pruning or root removal is proposed, it is advisable to obtain advice from a qualified arboriculturist before proceeding.
It is also worth noting that the branches removed remain the property of the tree owner and should be offered back to them.
Finally, if the tree is protected by a Tree Preservation order (“TPO”) or is situated within a conservation area, consent from the local authority may be required before any work is undertaken.
Who pays for the cost of the works?
In many cases, where only minor pruning is required, the neighbouring owner who carries out the work will bear the cost themselves. However, where the encroachment amounts to an actionable nuisance and substantial remedial work is required, the legal position may be different.
In Delaware Mansions Ltd v Westminster City Council, tree roots caused damage to neighbouring property through subsidence. It was held that where a tree owner had been made aware of the nuisance and failed to take reasonable steps to address it, they could be liable for the reasonable costs incurred in remedying the damage and eliminating the nuisance.
Each case will depend upon its own facts, particularly whether the tree owner knew, or ought reasonably to have known, that their tree was causing damage.
When can trees give rise to legal claims?
Not every overhanging branch or encroaching root will give rise to legal liability. However, where a tree causes unreasonable interference with neighbouring land, a claim in nuisance may arise.
Examples include:
- damage to buildings caused by subsidence
- cracked walls or foundation
- damage to drains
- raised paving or driveways caused by invasive roots
- falling branches causing injury or property damage
Overhanging branches may also amount to a trespass where they physically extend into neighbouring airspace.
In some circumstances, trees may also interfere with a neighbour’s right to light, although these claims are subject to separate legal principles which you can read about here.
Remedies
Where a tree constitutes an actionable nuisance, a number of legal remedies may be available.
These can include:
- An injunction requiring the nuisance to be removed or preventing further interference.
- Damages to compensate for property damage or financial loss.
- Recovery of the reasonable costs of remedial works where appropriate.
Case law has reaffirmed that nuisance is an actionable tort where there has been an unreasonable interference with the use or enjoyment of land, and that the courts may grant remedies including damages and injunctions depending on the circumstances.
As tree disputes often arise between neighbours who will continue living alongside each other. Wherever possible, it is sensible to attempt an amicable resolution before commencing legal proceedings – this can preserve relationships between the parties, as well as costs. Court proceedings should always be a last resort.
How Tees can help
Our team has extensive experience advising homeowners, landlords and businesses in relation to property disputes, including those involving overhanging branches and invasive tree roots.
Whether you are seeking to resolve a neighbour dispute, recover the cost of property damage or defend a claim, we can provide practical advice tailored to your circumstances.
If you are dealing with a potential dispute, please do not hesitate to get in touch with our team.
