Over half of Brits have fallen out with their neighbours over trees, with 30% citing overhanging branches as the primary issue, according to a survey by Saga Home Insurance. The survey also revealed that 28% of respondents reported difficulties with leaves blowing or falling into their garden, while 15% have encountered issues with a neighbour's tree roots. Just over one in 10 people stated that their own trees had been damaged by a neighbour, reports Wales Online.
What can you do legally about neighbour's trees?
Should your neighbour's trees be affecting your property, such as blocking natural light to your home, there is regrettably little you can legally do. Anna Thunstrom, head of home insurance at Saga, explained: "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.
Action you can take
One action you must avoid is entering your neighbour's land to tackle the problem yourself as this could lead to criminal charges. That being said, should your neighbour's tree branches be stretching over your boundary, you're fully within your rights to prune them. Anna noted: "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."
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.
Roots and legal risks
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. Anna warned: "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."
