| What's Your Problem
? |
| My neighbour has an apple tree in his garden. It's now grown so big that it overhangs my property. Is there anything I can do? |
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If a neighbour's tree overhangs an adjoining property,
this is a form of trespass. You should firstly ask your neighbour as the
tree-owner, to trim the tree back. If your neighbour doesn't do this, then
you have the right to trim the tree back to the boundary line but any
branches and / or fruit removed belong to your neighbour. There is no legal
authority for recovering the cost of pruning the tree from the tree's owner
or transporting the branches back to the owner.
Before you trim the tree, you should check whether there is a 'preservation order' on it. The Local Authority will be able to tell you this. If there is a preservation order on the tree, you will need to get consent from the Local Authority before you trim it. Overhanging trees may also be a danger. If any damage or injury is caused, your neighbour may be liable to pay compensation if, as the person affected, you bring a claim for damages. Such a tree may also be a 'statutory nuisance'. It would be advisable to seek legal advice in these circumstances. If the tree is very tall or blocks out light from your home, you can prune the branches but you shouldn't reduce the height of the tree without consulting a solicitor. In the first instance, you should speak to your neighbour and ask him whether he will trim back the overhanging branches. |
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