Ask the expert: What are my rights when a neighbour’s tree damages my property?

From overhanging branches to encroaching roots, when a neighbour’s tree damages, or poses a risk to, your property, catalysts for dispute can quickly grow out of hand – and with a host of legal considerations to navigate, owners must tread a careful line between regaining control, and remaining compliant.

We sat down with Property Litigation specialist Anna Gora to glean her insights into property owners’ rights, the key things those concerned about damage from their neighbours’ trees need to know, and her top tips for tackling troublesome trees – on the right side of the boundary.

Your questions, answered.

Q: I think my neighbour’s tree is damaging my property – are they liable for the damage?

A: Property owners have a duty to take reasonable steps to prevent, or mitigate the risk of, damage to neighbouring properties.

Encroaching tree roots or overhanging branches can lead to claims for nuisance or negligence if they cause physical damage to the adjoining property or cause personal injury; they can also lead to claims for trespass or light obstruction.

So, if your neighbour was, or could reasonably have been, aware of the problem, there was a foreseeable risk of damage, and they failed to take reasonable action, they could be liable for any resulting damage.

Q: I’m thinking about taking legal action about damage to my property caused by a neighbour’s tree. What do I need to know – and what compensation might I receive?

A: Before pursuing legal action, you’ll usually need to obtain expert evidence to prove that the neighbour’s tree has caused the damage to your property (as cracks, lifting slabs or movement near a tree are not themselves considered evidence that the tree is to blame).

If the tree is confirmed to have caused the damage, you may be entitled to damages for reasonable repair costs. You might also be able to apply for an injunction which would require your neighbour to take action to prevent continuing damage.

Q: If roots and branches from a neighbouring property are encroaching on my property, can I cut them myself – and would I need my neighbour’s permission first?

A: Providing that proper processes are followed, you could cut encroaching branches or roots back to the legal boundary from your own side – but you should tread carefully to ensure compliance.

Do:

Talk about it first. While you don’t necessarily need your neighbour’s consent to proceed, having a conversation beforehand gives them a chance to take action – and can reduce the risk of causing ill-feeling or disagreements. Unless the work would be minor, it may also be prudent to seek professional advice from an arboriculturist to explore suitable alternatives.

Establish the facts: Check whether the tree is subject to a Tree Preservation Order or conservation area controls – and, if so, obtain the necessary consents before commencing work.

Offer to return any cuttings: Severed branches or cut fruit are still your neighbour’s property – so it’s important to remember to offer them back.

Don’t:

Cross the line: You cannot trespass on your neighbour’s land or remove more than the encroaching roots or branches beyond your own boundary.

Take too much: You cannot reshape the whole tree or cut the tree trunk. If the trunk is growing across the boundary, this raises different ownership issues and necessitates specialist advice.

Cause any harm: You must ensure that any cutting-back doesn’t make the tree unstable, or cause it to decay or die. You should also ensure that there are no nesting birds present.

Q: Can I ask the local authority to deal with dangerous trees – and what action can they take?

A: Generally speaking, it is expected that owners should be able to deal with trees on their land, and that neighbours should be able to resolve matters between themselves.

However, the local authority does have certain powers to deal with dangerous trees, and serve your neighbour with a notice requiring them to take action to make the tree safe within a reasonable timeframe.

Q: What are your top tips for property owners concerned about damage from their neighbours’ trees?

A: Record and report: Taking care to keep clear of any immediately dangerous trees or branches, photograph the damage, make a note of any changes, and notify your insurer. You should also write promptly to your neighbour (without assuming the cause) so they have sufficient notice of, and opportunity to deal with, the issue.

Check who’s responsible: Identify who owns the land around the tree trunk, confirm the legal boundary, and establish whether a Tree Preservation Order (TPO) or any conservation area controls apply.

Enlist an expert: An arboriculturist, surveyor or structural engineer can assess the damage (or risk of damage), and advise on proportionate repairs.

Note: This article provides general information rather than advice on any particular case. Tree damage is highly fact-sensitive, and professional legal, structural and arboricultural advice may be needed.

Looking to prepare and need expert support?

With specialists across every aspect of property, we bring the expertise you need together under one roof.

Get in touch to find out more about how we can help you.

In the meantime, you can read more about our Residential Property expertise here.

INSIGHTS DISCLAIMER

Please be advised that this is an update which we think may be of general interest to our wider client base. The insights are not intended to be exhaustive or targeted at specific sectors as such, and whilst we naturally take every care in putting our articles together, they should not be considered a substitute for obtaining proper legal advice on key issues which your business may face.