As a general rule you have no legal right to a view which has been obscured by your neighbour’s trees. There you should stop. You can sue to enforce that right -- but you probably won't have to, once you tell your neighbor what the law is. When it comes to cutting down trees that may straddle both your and your neighbor's property, the general rule is that the owner of the property where the tree's trunk is located is considered the "owner" of the tree. Something that can be more problematic is the part of the tree you can't see - … Find out what to do when a neighbouring tree causes a nuisance, whether it is overhanging branches, blocking light or risking damage to your property. My back neighbor cut a 150 foot Magnolia yesterday, and today the cutter says he's going to clear all the others left. I get very upset about trees beign cut down as well. A tree may be planted by neighbors well within the bounds of their property, but over time, some of the branches can extend beyond the property line and into your yard. Check who owns the tree or hedge. And therefore your neighbour can do the same if it’s your hedge. Contact your water company for them to assess possible/potential damage. You are allowed, by law, to prune the roots or branches of a hedge if it’s a nuisance and protruding into your garden. Ask them what they would do if the circumstances were reversed. The material is for general information only and does not constitute investment, tax, legal, medical or other form of advice. If the trunk or main stem of a tree or hedge is on your land, you own it. As your neighbour could hold you responsible should you cause damage, it is preferable to do this in agreement with the neighbour and in a way which causes the least damage or disfigurement to the plant. If you do harm the tree, you could be found liable for up to three times the value of the tree. It's also an offence to top, lop or wilfully damage a tree in a way that is likely to permanently damage or destroy it. You may only prune up to the property line and must stay on your property. However, the law only allows tree trimming and tree cutting up to the property line. A mutually agreeable solution will be preferable to a lengthy, costly and bitter legal battle. Management Solutions, Software and Survey Equipment, Tree Supplies, Planting Sundries and Aftercare, Student Conference Speakers and Demonstrations. 2 tall deciduous trees. Root damage can lead to soil drying out and therefore possibly affecting the foundation of a building or wall. Damage to houses (your own or your neighbour's) caused by falling trees and branches is generally covered by home insurance policies as standard, but check the wording of your cover for any exclusions. www.gov.uk/guidance/tree-preservation-orders-and-trees-in-conservation-areas#Flowchart-1-Making-and-confirming-TPO. Give your garden a makeover and save money at the same time with a special Thompson and Morgan offer of 10% off. You can chop back roots to the limit of your property boundary. If a neighbour's tree is blocking your light you cannot force them to cut it down. Ironically, even though the branches belong to your neighbour, you cannot simply throw them back over his fence. Company number 4070377. You can check whether you live in a conservation area. When you cut down hedges in a conservation area, you always need consent for this by the planning authority. Always obtain independent, professional advice for your own particular situation. Call the police. Copyright © 2019 The Arboricultural Association. If your complaint is successful the LPA will determine an Action Height to which the height of the hedge must be reduced. As long as the tree is safe and is not causing damage, your neighbour is entitled to grow the tree. Suit for Injunctive Relief. However, where the roots of a tree encroach on land owned or occupied by you, you are entitled to chop back the roots to the boundary line. Can I stop my neighbor from recklessly cutting down trees on his own property? Wait until the sun comes out and the tree is shading your garden, then invite your neighbour to have a look. Get them to come to your house so you can show them what's happened. Before you cut a tree, check if it’s protected by a Tree Preservation Order. To run afoul of the law, your neighbor doesn't have to chop down your tree. ‘I think that I shall never see a poem lovely as a tree,’ wrote the American poet Joyce Kilmer. A tree belongs to the person who owns the land on which it grows. If the original tree grew too big, consider planting smaller tree species in its place that won’t cause the same problems in the future. High hedges, trees and boundaries. What to do about a neighbour's tatty fence. All rights reserved. The tree-owner may well be liable for the cost of repair if damage has been done. Saga Home Insurance provides cover that goes beyond what you might expect. In addition, if your neighbor gives you a warning about a tree or portion of a tree that they feel is a hazard or files a complaint with the town about a tree on your property that they believe to be a hazard, if you do nothing to address this concern and any portion of the tree falls on the neighbor’s property, you may be liable for any damage caused. If it is, you’ll have to ask the council for permission to cut the tree even if it’s yours. If cutting down a tree with a TPO (if you’ve got permission), it will have to be replaced. In most situations the simple answer to this is no. Cutting a tree. For more information and to get a quote click here. This is a situation which needs to be tackled quickly. You should not rely on this information to make (or refrain from making) any decisions. A frequent source of neighbour disputes involving tree branches is that they block off natural light and you should carefully check your deeds to find out if they contain a specific right to light. As long as the tree is safe and is not causing damage, your neighbour is entitled to grow the tree. Tree Surgeons and Tree Advisors – Guidance, The Malthouse, Stroud Green, Standish, Stonehouse, Gloucestershire GL10 3DL, Arboricultural Association Ltd. A company registered in England at The Malthouse, Stroud Green, Standish, Stonehouse, Gloucestershire GL10 3DL, UK. 1083845. It is always best to check if there are any local laws about cutting a neighbor’s trees, but generally, most state and local laws permit you to prune parts of your neighbor’s tree that cross the property line into your side without asking your neighbor. Often, merely notifying the tree owner regarding your right to self-help or local laws regarding encroaching trees, is effective and can keep the issue out of the courtroom. It is always better to settle a dispute about trees amicably and it is recommended that you try to resolve it by talking to your neighbours first.