Whats the Law on overhanging Neighbour trees, evergreen.?

Question

I have a whole side to my garden whereby my neighbours trees are at least five feet over the hedge in to my garden.
What is the law proceedure to get them trimed, they are also ruining all my plants below.

Answer 1

If you live in the UK then you are entitled to cut back the overhanging trees so long as you give the cuttings back to your neighbour, however, I would suggest that you speak to them first and let them know of your intentions, are they aware that the trees are causing you to be upset? I work full time as a community mediator and this is the type of thing that causes neighbours to fall out which we then try to help them resolve. If I were you I would speak to them first and tell them that the trees are having a negative impact on your garden and let them know of your intention to cut back the trees. Offer them the cuttings though just to keep yourself right... you never know your neighbour may just offer to maintain them.. good luck.

Answer 2

As the law stands now - If your neighbour's trees are too tall you have the right to ask him to trim them. If he does not do so you may serve notice on him to the effect that you are going to get them cut, then recover the cost from him. If he refuses to reimberse you, you have the right to take him to a small claims Court. You must do nothing which may kill the trees so by law you need to get a witness to the trimming. Your neighbour also has the right to have a witness too. I advise against involving your local Council because they will charge you 'an arm and a leg'! I am so sorry you have anti-social neighbours, and I wish you every success in getting this matter solved. For further advice on where you stand on the law, search the web under the heading the High Hedge Act.

Answer 3

The following information is from the Citizens Advice Bureau.

Trees


Overhanging branches


If a neighbour’s tree hangs over an adjoining property, the tree owner should be asked to trim back the tree. If this is not done, the complainant has the right to trim the tree back to the boundary line (but see Tree preservation orders below) although any branches and/or fruit removed belong to the tree’s owner and should be returned.



An overhanging tree may also be a danger. For example, most parts of a yew tree are poisonous. If any damage or injury is caused, the tree owner will be liable to pay compensation if a person affected brings a claim for damages.



Dangerous trees


In England and Wales, local authorities have powers have powers to deal with trees on private property which are in a dangerous condition. A local authority can:-


make any tree safe, if asked to do so by the owner of the land on which the tree stands. The local authority will recover the costs of doing this from the owner; and/or
make a tree safe on someone else’s land, if asked to do so by a neighbour whose property is threatened by the tree and the owner of the land on which the tree stands is not known; and/or
serve a notice on someone who has a tree in a dangerous condition which is threatening to damage the property of a neighbour and that neighbour asks the local authority to take action. The owner of the tree must comply with the notice. If they do not, the local authority will do the necessary work and recover the costs from the owner. The owner can appeal to the county court against the notice.

If you want the local authority to take action, you should contact the planning or technical services department who will check the condition of the tree.



It is up to the local authority to decide if the tree is in a dangerous condition. If it considers it to be safe, it does not have to take any action.



In Northern Ireland, local councils only have powers to make a dangerous tree on private property safe if it is overhanging a public footpath or road. If a dangerous tree is overhanging a neighbour's property, you will have to try and come to an agreement with the tree's owner. You could also think about going to mediation or, as a last resort, taking legal action against your neighbour.



Roots


If the roots of a neighbour’s tree spread into a property, they can be removed using the least damaging method available, unless there is a tree preservation order on it - see below. If a neighbour has to enter the tree owner’s property to do this, they must give reasonable notice.



The neighbour may also wish to consult their insurers, if there is a possibility that their property may be damaged by the roots. If the roots have already caused damage, the tree owner is liable to pay compensation but it must be shown that the tree owner knew, or ought to have known, of the danger.



Tree preservation orders


If you wish to prevent a tree being lopped by your neighbour, you could contact the local authority (divisional planning office in Northern Ireland) to see if they will place a tree preservation order on it. All trees in an area designated as a Conservation Area are automatically protected.



Hedges


If a neighbour’s hedge is tall and blocks out light, the person affected by the nuisance can prune the roots or branches. However, no one should attempt to reduce the height of a hedge without obtaining advice from a solicitor. In addition, some hedgerows are protected by law.



In England and Wales you have the right to complain to the local authority if your residential property is affected by a neighbour’s evergreen or semi-evergreen hedge which is more than two metres high. This may result in your neighbour having to reduce the height of their hedge. You must try to resolve the complaint with your neighbour before going to the local authority, and you may be charged a substantial fee before the local authority will consider the complaint. Either you or your neighbour can appeal against the local authority's decision.



Hedgeline is an organisation which can give advice to victims of hedge nuisance in England and Wales, who are members of the organisation. Hedgeline has a useful website. The telephone number and website address are:-



Tel: [phone] (only for information about Hedgeline)
Website: www.hedgeline.org

Answer 4

If the tree branches are putting over the resources line and that's bothering a neighbor the courteous issue to do is ask the owner to shrink the branches back to their area of the resources. If the owner does no longer honor the request of ignores it, the neighbor has each correct to shrink the branches back faraway from their resources. Overhanging limbs/branches can be a real nuisance if you attempt to strengthen a backyard because the branches block the gentle or bog down using their resources. we do no longer have any correct to encroach on our acquaintances resources with timber, fences, homes, what have you ever. that's their resources. examine on the courtroom homestead to make certain what your community regulation states.

Answer 5

If you are in UK then you are allowed to cut what hangs over your side provided you do not trespass on his property to do it, so you are NOT allowed to climb onto the trees, then you are within your rights to throw back the cuttings because they are his property. I have the same problem but my neighbour trims them but not enough and they block my light and I get pine needles falling over the car.

Answer 6

You can trim off the part that overhangs your property. I'm no expert on tree law, but I have never heard of being able to get your neighbor to do it for you or pay for it.

Answer 7

I'm sure you can trim them back to the point where it is then in your neighbours yard.


If somehow not, I'd do it anyway when they are not home. Don't overdo it though. Though if your neighbours are real bastards then I'd double check with the council.

Answer 8

You can ask your neighbour if he will cut his tres back, and explain why. If he does not cut them back, then you are within the law to cut them yourself, but you must give your neighbour whatever you cut off as it is legally his property.

Answer 9

You can trim anything on your side, but it remain the property of your neighbour, so ask it he wants it when you "tell" him you are cutting it! He may even volunteer to cut it for you - not!

Answer 10

You can cut away, up to your boundry fence then you must return anything you cut off back to your neighbours.