Trees - general advice

Overhanging trees from neighbours

• Neighbours should discuss matters in a friendly way with the tree owner. The tree owner should be offered an opportunity to look at the tree from both sides or you could use a third party to mediate
• There is a common law of right to cut branches back to the boundary, but a tree owner does not have to prevent branches from growing beyond the border. Offer branches back to the owner if you cut them off because the tree owner still owns the branch
• Check with the planning department if you are in a conservation area or if there is a tree preservation order on the tree

Tree work can be dangerous and should be carried out by a fully qualified and insured arborist or tree surgeon in accordance with good practice.

An actionable nuisance could have taken place if physical damage has been caused or a material (financial) loss has taken place. If so seek legal advice.

Neighbour's tree is causing damage to other properties

Consult your insurance company, an arboricultural consultant or structural engineer to assess cracks, foundation depth and soil type, tree species and condition or assess the likelihood of damage getting worse.

Tree blocking daylight/television reception

• There is no legal right to light unless a constant level of light has been enjoyed for more than twenty years
• There is no height restriction to which trees are allowed to grow
• There is no legal right to views or television reception

Any work carried out to alleviate such a problem could only be carried out on a neighbourly basis in agreement with the tree owner.

Last updated: 22/12/2023, 08:41