The first step is absolutely critical.
A lawyer has explained what you must do if a neighbour’s tree or other plant is damaging your fence. Now that summer is well underway and we’ve enjoyed a spell of warm, sunny weather, many households’ attentions will be turning to their gardens.
This might be the first time in months you’ve noticed that a neighbour’s tree, bushes or other plants are hanging over your side of the garden — or even damaging your fence. Lawyers and property experts have explained what to do with overhanging branches from neighbouring properties here. They’ve also looked at whether you can paint your side of a neighbour’s fence here.
But what if a tree or other plant is actually damaging your fence? In this scenario, Jagdeep Sandher, partner and head of civil litigation at Blythe Liggins Solicitors in Leamington Spa, Warwickshire, has set out what you need to do — including a crucial first step.
“The first step is to make sure you’re absolutely certain that it is your fence and not theirs,” says Jagdeep. “The title documents for your home or previous conveyancing documents may tell you if you’re unsure and, if not, you can speak to a boundary surveyor or solicitor.”
The next step is also important, explains Jagdeeep: “When you’re certain, I’d always advise speaking to your neighbour in a calm and collected way about it. You’ve always got to have in the back of your mind that you will continue living next door to this person for potentially many years to come, so you need to keep relations neighbourly.”
If you speak to them and the conversation isn’t positive “you then need to formally set out your position in writing to the neighbour, whether you do that personally or through a solicitor,” says Jagdeep.
“If there’s then a dispute about who owns the fence and where the boundary lies, that would be for a surveyor to determine. Unless you can reach an agreement between the two of you, the next step would be to seek advice from a solicitor and start legal action to claim the cost of repairing or replacing the fence back from the neighbour. Often, the arrival of a solicitor’s letter sharpens the mind, so the neighbour may be willing to resolve the situation at this point to avoid the cost of going to court.”
What to do if neighbour’s tree or hedge is hanging over your garden?
If a neighbour’s tree or hedge isn’t causing any damage but is hanging over into your garden and you’d rather it didn’t, here are your rights:
- You have the right to trim back branches up to the boundary line, not beyond it
- You cannot reach into a neighbour’s garden to cut on their side of the boundary line — or enter their garden without permission
- It’s on you to dispose of what you cut
- You should politely discuss your plans or intentions with your neighbour
- You should check the tree is not in some way protected (eg by a tree protection order)
- Your neighbour does not have to trim their tree if it crosses your boundary or looks bad. They only have a responsibility to do something if it becomes dangerous or is considered a nuisance.
