Boundary Disputes - Overhanging Trees and Bushes

The issue of overhanging trees and bushes can cause bitter rifts between neighbours, and can potentially spiral out of control, making you feel uncomfortable even in your own home. That is why if you are facing a dispute regarding overhanging trees and bushes, you need to know what your rights are and what action you can take.

Overhanging Trees and Bushes - What are Your Rights?

When it comes over overhanging trees and bushes, your rights (and what action you may legally take) are entirely dependent upon the situation:-

* If a tree is overhanging the boundary and encroaching upon your side, you should first ask your neighbour to prune it back to the boundary line. If they refuse to do so, you are permitted to cut it yourself. However, you are not entitled to access to your neighbour's property to fulfil this task as this is considered trespassing, while any branches or fruit you cut down must be returned to your neighbour, or you could be accused of theft. If they do not want the discarded foliage, you must dispose of it appropriately. Furthermore, before you carry out any work it is crucial to check the tree is not in a conservation area or protected by a Tree Preservation Order (TPO). If so, you will need consent from the local planning authority.

* If an overhanging tree is causing a hazard you should again speak to your neighbour directly. If this proves unsuccessful, then ask your local council for assistance, as they have the power to serve a notice to the landowner demanding the tree is made safe. This notice must be adhered to, or the local authority may continue to do the work before recovering the costs from the landowner. Should the owner of the tree fail to reduce any threats (such as overhanging branches or poisonous substances) and injury does occur, they will be held accountable. Subsequently, they may find themselves at the centre of a personal injury claim.

* If leaves blow into your gutters or drains you are entitled to ask your neighbour to clear them up, and if any damage has been sustained you can also request they foot the bill. However, in the case the leaves fall into your garden but do not create any sort of obstruction or hindrance, you cannot insist your neighbour must sweep them up.

* If roots encroach upon your property you are allowed to remove them from your land. However, it is advisable to seek assistance from a qualified individual such as a professional tree surgeon. Otherwise you could cause a significant amount of damage - for example, subsidence or killing the tree entirely. Additionally, if you are worried the roots of your neighbour's tree are affecting the integrity of the foundations of your property, you should notify your insurers, as they may be able to deal with your neighbour directly.

* If a hedge is causing a nuisance because the roots and branches are intruding into your garden, you may prune them back to the boundary line. You must not, however, reduce the height of the hedge without legal advice, as some hedges are protected by law. Nevertheless, if the height of a hedge is two metres or more and is creating trouble - for example because it is obstructing the natural light - then you are entitled to complain to your local authority.

* If there is a Tree Protection Order you must obtain consent from your local planning authority before you begin cutting any branches or roots. Trees in conservation areas are automatically protected.

Overhanging Trees and Bushes - How to Deal with a Dispute.

The first step when dealing with this type of dispute is to contact your neighbour directly. This may either be face to face, or through a written letter. Should they refuse or fail to act upon your requests, there are a number of other avenues you can try. For example, speak to your local authority, insurers or even the environmental health department to inquire whether they can be of assistance.

Additionally, you may want to consider taking legal action. A solicitor will be able to advise you on your legal position and what course of action is appropriate. It may be that a letter from a law firm will be enough to prompt your neighbour into dealing with the problem. Otherwise, your solicitor will be able to explain to you the various options available, from mediation to litigation.


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Need specialist advice about Boundary Disputes?

If you are looking for friendly and approachable Birmingham Solicitors, we can help you.

Gary Storer is Practice Manager for Pearson Rowe Solicitors Birmingham.