My neighbour's tree is growing over into my property.
There is no legal obligation in deed or finance upon the tree's
owner to cut growth back from a neighbour's property. The
complainant has the common law right to remove the offending
vegetation (that being any material part of the tree above or below
ground that encroaches into a neighbours property) back to the
common boundary and no further. Encroachment or works by
persons not authorised beyond the common boundary may constitute
trespass and/or criminal damage. If, however, the tree is causing a
legal nuisance i.e. damage, injury or loss of reasonable use and
enjoyment of their property, then the complainant would have
grounds to request the courts to serve an abatement notice upon the
tree owner. Failure to comply with such a notcie could lead a
criminal prosecution.
If I prune my neighbour's tree over my garden
The waste materials from pruning work (the 'arisings')
belong to the tree owner. In theory, removal of the arisings
without the owners consent could constitute an obscure form of
theft known as 'conversion', although, unless the tree owner has a
particular need for that material, it is unlikely they would make a
complaint. It is, therefore, perfectly legitimate to return the
arisinigs to the neighbour. The point must be made though that the
material must be returned in such a way as not to cause damage or
injury to avoid being sued. In practical terms, it must be advised
that dumping the arisings back with the tree owner, although
perfectly legal, may not be regarded as a neighbourly act and could
lead to disputes.
Can my neighbour get a court order to force me to
cut down a tree in my garden?
He can try but will probably be unsuccessful. In this country
nothing is prohibited unless expressly prohibited by law. To own a
piece of land is to own the airspace above it and the ground
underneath to the centre of the Earth. You may utilise the freedom
of this ownership to do whatever you wish unless, as mentioned
above, it is forbidden by law. It is not forbidden to grow a large
tree on your property. As long as it remains within the confines of
your property, is safe and is not causing damage, injury or a other
legal nuisance there is no reason why you cannot have the tree.
The point must be made that with ownership comes responsibility.
Should any damage or injury be caused arise out by the
tree then the tree owner will be fully liable for any
reparations or compensation. Although a person may have the freedom
to own a large tree, because of the greater implications of the
failure of a part or all of the tree, it must be checked for health
and safety by an arboricultural consultant at least once every 5
years, if every year is prohibitive (but advisable) and after
severe weather; and suitably certificated to indemnify the tree
owner.
My neighbour's tree is blocking my light, can I force him to
cut it down?
No. There is no automatic right to light or a view in law. The
right to light may be earned under the Prescriptions Act 1832 by
which a person must have enjoyed light to a window in the dwelling
for 20 years before the obstruction appeared. Redress must then
have been sought in court within 12 months of the light being
blocked or the right will be forfeited. If successful then an
easement may be granted (that is, the granting of a right over a
piece of land as a legal privilege) allowing the free, unimpeded,
access to light.
Can you make somone cut down trees to clear the
pavement?
My neighbour has a large garden with lots of trees that grow
into the pavement and force people to walk in the road. I've also
noticed a dead tree in his garden that might fall across the road.
The Highways Act 1980, provides remedy in the form of the local
authority having the powers to serve an abatement notice on the
offending landowner (or occupier of the land) to undertake
specified works or works as necessary to remove the danger or
obstruction, within 14 days of the serving of the notice. Failure
to do so would result in the Local Authority being able to
undertake the work and recover all reasonable costs in undertaking
the work. The Local Authority also have powers under the same Act
to enter private property with no notice to remove any severe or
imminent threat from a tree in land adjacent to the highway. This
would be instructed as part of the duties of the controlling
authority to take action to remove any danger to the highway.
Can I charge my neighbours for cleaning up and disposing
of their leaves?
This is probably one of the most contentious issues to come
across which, as far as can be ascertained, has not been fully
answered by common or statute law. It seems, from research,
that it is regarded to be unreasonable to burden a tree owner
with being responsible for every leaf shed from a tree in his
ownership, particularly as it is accepted that leaves will be
carried long distances in the wind and also tend to gather in
places that 'trap' the leaves. Plus, how could you definitively
identify the leaves as coming from that particular tree and not
another of the same species reasonably close also? It is felt that
the courts would be relatively uninterested in granting remedy for
such minor complaints, viewing leaf fall and the sweeping of leaves
as just a normal part of life.
Leaves or other natural tree debris (nuts, berries, blossom etc)
that somehow cause actual damage or injury fall into that state of
affairs that leaves (no pun intended) the tree owner liable
for damages and/or compensation. Honey dew is the excess sugar
fluid exuded by aphids as part of their feeding. It falls in
fine droplets from infested trees, particularly lime trees, where a
heavy infestation can result in objects below the tree being coated
in a fine sticky residue. If left this sugar coating will encourage
the growth of an unsightly black mould. As far as can be determined
from research, the sugar solution is not damaging and can be
removed by ordinary warm water and detergent. Some people have
claimed that it damages car paintwork but again there is no
scientific proof that this is the case.
My neighbour's tree is blocking my satellite T.V. signal
No. Paying for a television licence only entitles you to possess
and use a receiver, that is, the television box itself. You have no
right to an analogue or digital television signal or radio signal
that encroaches on a neighbours’’ property.