Given their large size and their ability to overhang boundaries, block views and take sunlight, trees can be the cause of dispute between neighbours.
The following broad principles apply.
- Where branches or roots cross a boundary they can be cut back to the boundary line and offered back to the owner unless the tree is subject to protection.
- Where branches or roots cause damage or nuisance the owner may be liable for costs incurred.
- A neighbour does not have a right to a view.
- A neighbour does have rights to light – but these are very limited and rarely justify the cutting back of a neighbouring tree.
Further details are available from:
If you are concerned about a tree issue you are advised to take independent advice.
There are only two circumstances in which neighbour disputes over trees can be referred to the Council:
i) Where a neighbouring tree presents an imminent threat to life and limb and the owner either refuses to make it safe or the owner can’t be traced. See details in Dangerous Trees.
ii) Where there are two or more evergreen trees in a line which may fall under controls against High Hedges contained in the Anti-Social Behaviour Act 2002. See details on High Hedges.
