More than half of Brits have fallen out with their neighbours over trees, with 30% citing overhanging branches as the primary issue, according to a new survey by Saga Home Insurance. The firm's head of home insurance, Anna Thunstrom, has outlined your rights and how to resolve such disputes.
What are your legal rights?
If a neighbour's tree affects your property, such as obstructing natural light to your home, there is very little you can legally do. Anna said: "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."
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.
Can you cut back a neighbour's tree?
One critical thing to avoid is entering your neighbour's property to sort the problem yourself - doing so could quickly lead to criminal charges. However, if branches overhang into your garden, you are within your rights to prune them back. Anna said: "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."
Before doing this, you should speak to your neighbour and see if you can come to an agreement. Anna added: "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."
Tree roots and other issues
The same rules for branches also apply to roots. If a neighbour's roots are causing issues in your garden, the law allows you to cut the root up to the property line.
The survey also revealed that 28% of respondents reported difficulties with leaves blowing or falling into their garden, while 15% have encountered problems with a neighbour's tree roots. Just over one in 10 people stated that their own trees had been damaged by a neighbour.
Anna warned: "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. In the most serious cases, unlawful tree removal can even result in criminal charges."
