How To Resolve Neighbour Tree Disputes Effectively
Having a tree in your garden may be something you are incredibly proud of. Trees can be a stunning addition to any landscape, so it can feel devastating when your neighbour cuts them without permission.
Despite the lack of permission, your neighbour may be completely within their rights to cut your tree. There are certain occasions where cutting a neighbour’s tree is acceptable, even without asking them first, that you may not be aware of. As the tree owner, you have a responsibility to be mindful of how your tree impacts not only your landscape but everything around it, too and ensure that it remains well-maintained.
As leading arborists, Kneebone Trees understands these issues well and recognises that many homeowners struggle with neighbour tree disputes. In this guide, we’re sharing everything you need to know about whether your neighbour can cut your trees and how this process should be handled to help avoid neighbour tree disputes and keep the peace.
Where Do You Stand? Understanding Tree Ownership
Before we can discuss how to deal with neighbour tree disputes, you first need to know where you stand. Who owns the tree can help to solve a lot of the issues ahead of time, as it explains who is responsible for maintaining the tree and keeping it within a specific boundary.
You will be considered the owner of any tree that has a trunk in your land. Whether the tree has overstepped this mark and is growing over several locations does not matter, as it is where the trunk stands that determines tree ownership.
If the trunk is in your garden, then you are legally responsible for this tree. This not only means being responsible for the care and maintenance of the tree but also for any damage it may cause.
Neighbour tree disputes will arise if the roots or branches of your tree encroach on your neighbour’s land. They may choose to do something about this themselves instead of speaking to you first, and the way you handle it can ensure the situation does not escalate.
If you are struggling with a neighbour’s tree root damage and don’t know where you stand, see our post My Neighbour’s Tree Roots Are Damaging My Property: What You Should Do for more advice.
The Legal Rights Of Your Neighbour
You may find it impolite for your neighbour to cut your tree without asking, but they do have the right to do this if it encroaches on their property under UK law.
Your neighbours are allowed to cut back branches that are reaching over and disrupting their property to a certain extent:
Trimming Within Their Boundary
Your neighbour is only allowed to cut back the branches or roots that cross into their property. Neighbour tree disputes will begin if they cut further than this, as they are not allowed to touch anything on your property.
This is one of the reasons why regular tree pruning is essential, as we explore in our post Why You Should Prune Your Trees: Top 3 Reasons
Cannot Harm The Tree
While your neighbours have a right to cut back parts of the tree on their property, they cannot do this if it is doing unnecessary harm to the tree. Any alteration that might hinder the tree’s health and stability, such as affecting the tree’s root system, is not acceptable or legal.
Must Return Trimmings To Owner
If your neighbours do cut your trees, any trimmings that they have must be returned to you – or at least offered back to you. As the tree is your property, these pieces legally belong to you and therefore should be returned. Alternatively, they can be disposed of with your approval.
Neighbour tree disputes can turn nasty if your neighbour fails to meet these legal guidelines when cutting your tree. Although the tree is your responsibility as the owner, everyone around it has a role to play in terms of maintaining its health and stability.
Your neighbour can cut the tree that may be impacting their property, but any overstepping of these boundaries can lead to bigger issues.
When Should Your Neighbour Ask For Permission To Cut Trees?
Your neighbour can cut back the parts of your tree that are encroaching on their property without your explicit permission, but it is considered polite to ask first. After all, they are altering what is legally your property.
Failure to ask for permission does not necessarily have to extend neighbour tree disputes unless it is part of the following circumstances:
Tree Preservation Orders (TPO)
TPOs are in place to protect trees that have historical or aesthetic value, and they cannot be altered without specific permission. If your tree is protected by a TPO, then neither you nor your neighbour can make any alterations to it without speaking to the necessary authorities.
Any neighbour tree disputes that result in damage or alterations to a TPO-protected tree without permission can result in financial penalties or even legal charges. If your neighbour has an issue with your tree, they will need to speak with your local council first.
Trees In Conservation Areas
Similar to TPOs, trees in conservation areas are protected by specific regulations and cannot be altered without permission. To resolve neighbourly tree disputes in conservation areas, your neighbour will need to provide six weeks’ notice to your local planning authority before making any cuts on the tree, even if the branches hang over into their property.
Damaging The Tree’s Health
Even outside of conservation areas, maintaining the health of trees is vital and therefore plays a major role in neighbour tree disputes. If your neighbour’s trimming could hinder the tree’s health or stability in any way, then they need to speak with you first.
It is also recommended to consult with tree care specialists, like our team, to determine the best course of action to protect the tree while also successfully handling neighbourly tree disputes.
Your Role And Responsibilities As The Tree Owner
Your neighbour may have a right to trim parts of the tree that hang over into their property, but as the tree owner, you have a responsibility to try to avoid neighbour tree disputes in the first place. As the owner of the tree, you must ensure that the tree does not become a nuisance or a hazard.
Your role as the tree owner involves:
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Regular Maintenance:
You need to perform regular inspections and pruning of the tree to ensure it is in prime condition, both aesthetically and health-wise. By regularly maintaining the tree, you can prevent it from growing over the boundaries of your property and causing neighbour tree disputes.
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Check For Dangerous Conditions:
As the tree legally belongs to you, it is your responsibility to handle any issue that may arise with it, including damage or disease. You can be held liable if a tree causes damage to your neighbour’s property, such as being issued a Section 23 Warning, which is why proactive care is best.
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Maintain Open Communication:
Communication is a great way to avoid neighbour tree disputes and should be maintained at all times. Keeping an open conversation with your neighbours makes it easier for you to discuss any issues they may be having with the tree and get it addressed promptly.
When Neighbourly Tree Disputes Go Too Far
Even with the best intentions, neighbour tree disputes can arise and may escalate quickly without the proper care and communication.
If you find yourself in a situation where your neighbour has overstepped the mark, such as cutting the tree without your permission and causing harm to it, it can be resolved through the following:
1) Verify The Damage
Before anything can be done to fight these neighbour tree disputes, you first need to assess the extent of the damage. Inspect your tree and document the cuts, removal and damage they have done, as this may be required as evidence later down the line.
2) Have A Conversation
The first step in handling tree disputes responsibly is to communicate with your neighbour. Approach your neighbour and have a calm, clear conversation with them regarding the issue. Make sure to explain their rights and how they have overstepped these.
Sometimes, having a calm discussion is as far as the issue needs to go, and you can come to a joint resolution.
3) Seek Legal Advice
If you are unable to resolve the matter informally, then you may want to seek legal advice and action to resolve neighbour tree disputes. This is especially useful if your neighbour’s actions have affected the tree’s health or if a protected tree was unlawfully cut.
To determine the true extent of the damage and how this can be resolved, speak to tree care specialists like our team. We will deliver a tree survey to assess the damage and determine the best course of action moving forward.
All of our projects begin with a site visit, where we will learn more about your trees and the surrounding landscape. This is a very useful process, and you can learn more about it in our post What Happens During A Site Visit.
Conclusion
Trees can be a beautiful focal point in any landscape, but without the right care and attention, they can lead to neighbour tree disputes. As the tree owner, you are legally responsible for the care of your tree, but your neighbour can step in if it encroaches on their property.
Understanding your rights and responsibilities as both a tree owner and a neighbour surrounded by trees can make it easier to solve disputes. The aim is to come to a suitable solution that protects the tree’s health and stability.
For additional support or advice, consider consulting with arborists and tree surgeons like our team.
Need Additional Support?
If you are still unsure of where you stand or what can be done about the trees in your neighbourhood, reach out to our team today.
FAQs
What counts as a neighbour tree dispute?
A neighbour tree dispute refers to any kind of conflict or issue regarding trees in a shared boundary space. These disputes commonly arise when overhanging branches, roots, or fallen leaves affect your property, or when there is disagreement about tree maintenance, boundary trees, or potential hazards.
Can I cut my neighbour’s tree?
Generally, you can trim branches that overhang your property up to your boundary, but you must not damage the overall health of the tree. It is also recommended to communicate with your neighbour before doing any work on their trees.
When should I involve a professional or legal advisor?
In some cases, it is best to get professional input regarding neighbour tree disputes. For example, if a dispute escalates, if the tree poses a safety risk, or if there are complex boundary or ownership issues, it is recommended to seek advice from an arboricultural professional or solicitor to avoid damaging the tree or breaking the law.
