Common Law
We regret that the RFS cannot provide legal advice pertaining to trees and woodlands. However, the following information may be useful if you are seeking help.
Common law is based on common customs and developed by judges through the decisions they make in court. Trees can sometimes create problems when they overhang boundaries, block light or cause damage to property. Trees can then become the subject of disputes between neighbours, owners, members of the public or public authorities.
Blocking light or space
Under common law there is a general right to prune back tree branches to your property boundary. If you intend to cut overhanging branches you must not go beyond your boundary or top someone else’s trees without their permission and you should normally return the branches to the tree owner unless you agree beforehand to dispose of them yourself.
Dangerous trees
Every tree owner has a general duty of care to ensure their trees do not pose an unacceptable risk to other people on or adjacent to their land. You will only be liable for injury or damage caused by trees if you are found to be negligent. You must take reasonable care to inspect trees or undertake essential safety work such as removing deadwood. If you are in doubt about the condition of a tree seek advice from a qualified Tree Surgeon.
Root damage
Roots crossing a boundary are a nuisance and may be cut back to the boundary in the same way as branches. However, cutting roots may affect tree stability so you must take care not to render the tree dangerous. Cutting roots too close to the tree trunk can risk the health and safety of the tree. A tree owner may have a claim against a neighbour if the tree dies or falls over as a result of such action.
Once tree roots have crossed a boundary they may sometimes cause damage to a neighbour’s property. Drains may be blocked, pavements may become cracked or subsidence may occur. In such cases a neighbour may seek recompense for the damage caused. However, damages may only be awarded if it can be shown that the tree owner was negligent; that the damage was reasonably foreseeable; and the tree owner did not take preventative action.
The Tree Advice Trust can provide a mediation service to assist with neighbour disputes arising from tree and hedge issues. They can help parties find mutually acceptable solutions to problems without the need to resort to the Courts.
For more information on high garden hedges visit our page on Statute Law.