Neighbour Disputes over Trees

Introduction

Where trees are the cause of disagreement between neighbours they can sometimes lead to long running conflicts. If both adjoining properties are privately owned, and therefore the trees themselves are privately owned, then the Council will not usually get involved unless the trees are the subject of statutory protection.

 

 

 

 

 

 

 

 

 

 

The most important thing is that neighbours talk to one another about the issues of overhanging trees. Entering into some sort of dialogue with a neighbour can be the best way to get a successful outcome to the issue of a neighbour dispute over trees.

Statutory protection applies where trees are covered by a Tree Preservation Order (TPO) or are located within one of the City's designated Conservation Areas. In these cases an application for prior consent to carry out any tree work (including pruning) will be required.

If a frustrated neighbour decides to make an application to the Local Planning Authority, to have work done to their neighbours protected trees and permission is granted, it does not actually mean that they are then legally allowed to carry out the tree work. In most cases the neighbour will still require the tree owners consent to carry out these works.

Common law dictates that if branches or roots are overhanging into a neighbours property then the neighbour has the legal right to prune back the overhanging branches or roots, to the boundary line between the 2 properties. As the branches and/or roots are the property of the tree owner, the neighbour must offer the cuttings back to the owner, who may then insist that the person who cut them has to dispose of the cut material. It should be noted that to cut a branch at an arbitrary point along that branch does not represent good arboricultural practice. To do this can encourage disease to enter the tree and also cause the branch to die-back from the cut point to the nearest growth point. Good arboricultural practice dictates that cuts should be made at suitable growth points to ensure new growth.

In all cases it is important that as soon as an issue involving trees arises neighbours speak to one another about the issues that they have, regarding the trees. Often it is the case that the owner of the trees is completely unaware of the problems they are causing to their neighbour.

In cases where trees are the subjects of protection and both neighbours are in agreement, specialist advice may be available from the Council. This will, however, depend on available resources. In every case it is recommended that a professional tree contractor be appointed to undertake the work. It is also important to advise that those who commission tree work ensure that the work is done to British Standard 3998: Recommendations for Tree Work and that the contractor provides evidence of the necessary indemnity insurance.

 

Contacts

• Tree Information Officer
  Enterprise, Planning and Infrastructure
  Aberdeen City Council
  Business Hub 4
  Marischal College
  Broad Street
  Aberdeen
  AB10 1AB
  Phone: 01224 522440
  Fax: 01224 523180
  Email: pi@aberdeencity.gov.uk
  
  

Frequently Asked Questions

• My neighbour has some trees overhanging into my property can the Council do something to make them cut them back?
• My neighbour has some trees overhanging into my garden/property/touching my house/garage/roof? What can I do about it?
• Can I send the Tree Surgeons bill to my neighbour for cutting their trees that are overhanging into my property?
• My neighbour’s trees are really tall and bushy, and I am worried that they will fall onto my house. Who is responsible/liable if this happens?
• My neighbour won’t cut back their trees and I can’t afford to/won’t pay for the trees to be cut back. I am really worried that the trees will/are damaging my property. What can be done?
• I live in Council owned property, but my neighbour, whose trees are overhanging into my property, lives on private property. What should I do?
• I would like some advice on managing my trees. Can the Council help?