My neighbour has some trees overhanging into my property can the Council do something to make them cut them back?
The Council has no powers to intervene when a dispute arises involving privately owned trees. If both properties are privately owned (and therefore the trees are privately owned) then the Council does not get involved.
My neighbour has some trees overhanging into my garden/property/touching my house/garage/roof? What can I do about it?
You have the common law right to cut back the overhanging branches and roots up to the boundary line between the 2 properties and must offer the cut material back to the owners. However, if the trees are protected then you require the permission of the Local Planning Authority before you can undertake the works. There is also the risk (particularly if the roots are cut) that you may be liable for the death of the tree, should the tree works that are carried out be proved to be the reason for the death of the tree.
Can I send the Tree Surgeons bill to my neighbour for cutting their trees that are overhanging into my property?
If you have commissioned a Tree Surgeon to carry out work to trees that you want cut then you will have to pay the bill. It would be advisable to come to an agreement with your neighbour prior to the completion of the tree work with regard to who will pay the Tree Surgeons bill.
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?
If the neighbouring property is privately owned then the owner of the property is responsible for the trees growing on their land. Should the trees fall and damage property, then the owner of the trees maybe liable for any damage that is caused. If it can be proved that the owner of the tree/s did not take the necessary steps to ensure the safety of the trees, then they could be proved to be liable for any damaged caused. However, if the owner of the trees has had them inspected or worked on and the tree failure is deemed to be an accident, then the owner would not be liable for any damaged caused. Even if the trees are protected, then the owner retains the responsibility for the trees.
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?
The Council does not have the powers to intervene when it comes to disputes over privately owned trees. The Council can not make a private individual carry out work to their trees. The best advice is to enter into some kind of dialogue with your neighbour, they maybe completely unaware of the problems that their trees are causing. If the cost of having tree work completed is the main reason that your neighbour has not had the work carried out then it might be useful to split the cost of any tree work with them. The owner of a tree has a duty of care to others to ensure that their property does not affect the health and safety of others. Where trees are affecting the fabric of a building, wall or other structure, there may be justification for the neighbour asking the tree owner to deal with a specific problem.
I live in Council owned property, but my neighbour, whose trees are overhanging into my property, lives on private property. What should I do?
The Council has no powers to intervene regarding a dispute over privately owned trees. The Council can not make a private individual carry out work to their trees. The best advice is to enter into some kind of dialogue with your neighbour, they maybe completely unaware of the problems that their trees are causing.
I would like some advice on managing my trees. Can the Council help?
Free tree management advice is available, please use the contact details below to get in touch.