Everyone knows that your neighbours are the luck of the draw, but on the whole I’ve always managed to maintain a courteous and friendly relationship with mine.
So, you can imagine my surprise a few weeks ago when I caught my neighbour trying to cut down a tree at the bottom of my garden, without asking me first.
The legal rules surrounding whether or not you can cut your neighbours tree can feel complicated, but after speaking to the experts about my situation, I feel reassured that I have handled the dispute correctly.
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Here’s everything the experts told me, including the immediate steps to take and where you stand legally if you ever find yourself experiencing something similar.
Why my neighbour tried to cut my tree
The actions taken by my neighbour were the culmination of months of ongoing discussions regarding my tree and my neighbours property. I have an oak tree at the bottom of my garden, and directly behind this tree is a private garage owned by my neighbour.
My neighbour believes that our tree is causing damage to his garage. While it’s true that large trees can cause damage to fences and buildings, the tree in my garden is surrounded by badger sets and fox burrows – and I suspect these animals are contributing to the damage.
The element of protected wildlife around the tree adds another layer to this incident, so we responded to claims of damage by requesting a full ecological survey to figure out what is going on. In the meantime, my neighbour advised his insurance company that he owns the tree (despite the fact it is located within our boundary line).
This prompted the insurance company to employ arborists to take action on the tree, without my knowledge or consent. Instead of waiting for the results of the ecological survey, or discussing the matters with my household, the action began to take place. And I returned home one day to find the arborists up my tree, beginning to chop it down.
In a complete shock, I spoke with the arborists and immediately halted all work – a call that legal and home insurance experts have since confirmed that I was right to make.
How I’m handling the situation
As soon as I saw the arborists in my tree without my consent, I spoke to them straight away. ‘Where any misbehaviour or wrongful conduct happens without your consent, the first step should always be to speak to the individual,’ advises John Roberts, Partner and Director of Austin Lafferty Solicitors.
‘Of course, this is only if you feel safe to do so – never put yourself in a dangerous position by confronting someone,’ adds John. ‘Remain civil and polite with the neighbour and explain why their actions are affecting you, including the legal reasons as to why this is a concern.’
Once work was halted and the arborists left, I decided to take pictures of the damage done to the trees. At this point, I was still reacting out of shock, but it turns out this is something experts always suggest doing.
‘If your neighbour has already started cutting the tree, take photographs of the tree and any damage as soon as possible, ideally showing the wider context and where the tree sits in relation to your borders,’ says Kara Gammell, Home Insurance Expert at MoneySuperMarket.
‘Keep a record of any messages or conversations you have had about the work too,’ Kara says. This will make it much easier to state your case and provide evidence should you need to take further action later down the line.
When the dust had settled and the initial shock had worn off, I decided that my next step should be to report the arborists to the police for criminal damage seeing as the work was unauthorised and carried out without consent of the tree’s owner.
‘If a neighbour tries to cut down a tree that belongs to you, the law will generally be on your side,’ explains James Smith, solicitor in the property disputes team at Birketts LLP. ‘Unauthorised works can amount to a criminal offence and may result in significant penalties,’ he adds.
It is also worth checking whether or not your tree is protected by a Tree Protection Order (or TPO) – if it is, the law can be stronger. ‘Additional restrictions apply where a tree is protected by a TPO or is located within a conservation area. Protected trees generally cannot be cut down, uprooted, topped, lopped or wilfully damaged without the necessary consent from the local planning authority,’ advises James.
The tree in my garden is not currently covered by a TPO, but since this incident I have lodged an application to put one in place. If approved, this will give me further peace of mind against future incidents.
I also decided to write to my neighbour’s insurance company to state that no further action is to take place, and no arborists are to enter the boundary of my property without my consent. And I’ve requested an update on the ecological survey, the results of which I am still waiting for.
What the law says
Every situation is different, and all neighbourly disputes can be complicated in their own way. However, there are some legal pointers that can be useful to know when dealing with these matters.
Firstly, if you’re unsure whether or not you own the tree in your garden, it’s important to know that ‘in most cases, if the trunk of the tree stands entirely on your land, the tree belongs to you,’ says James. ‘A neighbour generally has no right to cut down a tree that belongs to someone else without permission. Similarly, a neighbour does not usually have the right to enter your land to carry out works to your tree. Entering another person’s property without consent may amount to trespass.’
However, if your tree overhangs into your neighbour’s garden, the rules around what your neighbour can and can’t do shift slightly. ‘Your neighbour has the legal right to cut back overhanging tree branches or encroaching roots to your exact boundary line,’ says John. ‘But the neighbour must perform all cutting from their own side and should not cross a boundary line without explicit permission.’
‘The key rule to remember is that a neighbour can generally trim branches or roots from your tree where they have crossed onto their property, but they should not cut beyond their own boundary,’ agrees Kara. ‘If you’re unsure where the boundary of your property lies, checking your property’s title documents and plans should be your first port of call, as the position of a boundary isn’t always as obvious as it appears from a fence or hedge,’ she adds.
However, despite this legal entitlement, it is still considered common courtesy to discuss the matter with your neighbour before carrying out any work. Plus, in many cases, the cuttings or fruit that might come into your possession after pruning your neighbours tree should be offered back to the owner of the tree.
It’s also always important to remember that your tree is ultimately your responsibility. ‘As the tree owner, you have a duty to take reasonable care of your tree, particularly if there is a foreseeable risk of falling branches or roots causing damage to neighbouring property,’ explains Kara. ‘If a tree is diseased, unstable or presenting a clear risk, ignoring the problem could potentially leave you liable for any damage caused to your neighbour’s property.’
And finally, the key with any matter is to address it in a calm and civil manner. ‘Disputes over trees can quickly become a source of tension between neighbours, so taking reasonable steps to address concerns can help prevent issues from escalating further,’ says Kara.
Keep your tree in good condition
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Votrek® Bypass Garden Secateurs
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Airaj 40cm Tree Loppers
Mossy Oak
Mossy Oak Pruning Saw
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