Neighbour Disputes: The Legalities Surrounding Trees

When changing the appearance of a property, homeowners may choose to extend or alter the structure of the house itself, work which will require planning permission to avoid breaking any laws. However, when it comes to the garden area, many homeowners are unaware of the legalities involved with cutting down any trees or hedges, causing them to become embroiled in a neighbourly dispute which could cause either party to seek legal action and end up in court.

At Artemis, we try to pre-empt any problems by insisting on a signed neighbour consent form before we begin work, so all parties involved are in agreement of the work. Here are some key considerations you should take into account when embarking on work in your garden to avoid any disagreements or legal disputes with your neighbours.

This information is correct at the time of writing.

You want to cut down a tree in your garden:

What are the legalities involved?

As a homeowner, you are within your rights to trim any branches or roots which cross the boundary from your neighbour’s land or a public road into your property – anything more than this can be considered as trespassing and may result in court action for property damage. Work should be never be done if it causes the tree to decline or become unstable, nor if the tree is protected by a TPO or Conservation Area designation.

If you are a tenant living in rented accommodation, it is typically considered to be your responsibility to sort out the basic garden maintenance e.g. mowing the lawn and cutting back weeds. That said, in most tenancy agreements, the upkeep of any trees is not considered to be your responsibility and will fall under the remit of the landlord.

What are the ownership rules for the trees on your property?

Essentially, whoever owns the land the tree has originally grown from owns the tree itself, even if the branches or roots encroach onto a neighbour’s property. As long as the tree isn’t protected by a preservation order, you are able to cut back any overhanging branches of a neighbour’s tree back to the boundary point between the two properties.

It’s worth noting that under the Theft Act, you are legally entitled to return any branches you cut down from a tree on their land should they request it back.

Will you need to apply for planning permission to cut down your tree?

If you live in a conservation area or your trees/hedges are protected by a tree preservation order made by local planning authorities, you may need to obtain permission from your local council to carry out any of the following works:

  • Trimming
  • Cutting down
  • Topping
  • Lopping
  • Uprooting
  • Wilful damage or destruction

Your neighbour has cut down a tree without your permission:

Ideally, neighbourly disputes with regards to cutting down trees would be resolved out of court to avoid shelling out substantial legal costs and still maintain an amicable relationship with your neighbour. To do so, you may decide to arrange a meeting between yourselves or with a mediator to resolve the situation. During this meeting, you can highlight to your neighbour that the tree was on your land, and present a couple of costing estimates for them to agree to for replanting a new tree or hedge.

During this time, it’s worth creating a plan displaying the correct boundary line and agreed cost, and asking your neighbour to sign this agreement for future evidence.

You want to complain about your neighbour’s high hedge or tree:

Your neighbour is responsible for maintaining their trees and hedges so no damage is caused to your property and they don’t grow too high. According to government advice, if their tree is over 2 metres tall and is affecting the enjoyment of your home or garden, you are within your rights to log a complaint with your local council; it’s worth noting that you may have to pay the council a fee to look into your complaint.

Under the Rights of Light Act 1959, if your property has received daylight for the last 20 years, you are entitled to continue receiving that light. As such, if your neighbour’s tree is blocking the light on your property, you have the legal standing to request that the tree is pruned to restore daylight on your premises.

You are unsure of who is responsible for you maintenance and costs:

Whose responsibility is it to clear up leaves?

The owner of a tree is not obliged to clear up fallen leaves, so the responsibility doesn’t lie solely with one person. As such, you could tackle this task yourself or you could come to some sort of arrangement with your neighbour. The only exception would be if damage is caused as a result of fallen leaves, such as drainage issues; responsibility for this lies with the tree owner.

Who pays for the work if it encroaches on a neighbour’s property?

Where possible, it’s worth compromising or sharing the costs of the tree work in order to maintain a peaceful relationship with your neighbour. Having said that, some tree work can be covered by insurance so the policy in place can foot the bill.

What tree work is covered by insurance?

Before carrying out any tree work under the assumption that it will be covered by your home insurance policy, it’s important to make yourself familiar with the terms and conditions first.  Always check what parts of your property are covered under your insurance (driveways are not necessarily an insured item).

Home insurance typically covers the following tree work:

  1. Subsidence

Most home insurance policies offer subsidence cover as standard. Subsidence occurs when tree roots absorb water from clay soil, causing the earth to dry faster and the soil to shrink which, in turn, can cause the foundations to sink. This is particularly dangerous for trees planted close to the house as it can affect the structure of the property. The following trees are known for absorbing a great deal of water from the soil:

  • Ash
  • Willow
  • Elm
  • Poplar
  • Oak
  1. Tree Roots

If you are experiencing issues with the tree roots, you are within your rights to remove any roots crossing over into your property. It’s recommended that this is discussed with your neighbour prior to any work being carried out. Work should be never be done to roots if it causes the tree to decline or become unstable, nor if the tree is protected by a TPO or in a Conservation Area. Tree root removal requires a fully trained arborist, meaning that it is the tree owner’s responsibility to cover the costs of the work. If your neighbour is the tree owner, it is down to them to decide whether they would prefer to pay the cost outright or claim against their home insurance policy where possible.

  1. Broken branches and fallen trees

If your property has experienced damage from branches or trees which have fallen naturally due to old age or harsh weather conditions, this is typically covered as standard by your home insurance.

You might find that your insurer will foot the bill of removing any broken branches or fallen trees, but they will leave the stump or roots buried underground.

It’s worth noting that you’re not covered if you are carrying out pruning or felling work on the tree, unless an insurance provider has requested the work.

For quality tree services throughout Hertfordshire and the surrounding areas, look no further than Artemis Tree Services. Simply contact us today to discuss your requirements or arrange an assessment at your property.

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594 reviews

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Anonymous

Artemis removed a tree and neatened a hedge. The work was very neat. In all my dealings with Artemis, they have always been very reliable and trustworthy, and I have recommended them to a neighbour.... Artemis removed a tree and neatened a hedge. The work was very neat. In all my dealings with Artemis, they have always been very reliable and trustworthy, and I have recommended them to a neighbour.

6 days ago

Vicki

Very professional, efficient and friendly service. The team did an excellent job of taking down an old tree, planting a new one and pruning three others. Everything was left very tidy.... Very professional, efficient and friendly service. The team did an excellent job of taking down an old tree, planting a new one and pruning three others. Everything was left very tidy.

2 weeks ago

Jill Lesley Sloley

The tree work was carried out by friendly operatives who arrived on time and worked efficiently and well. They took away all the debris and left me with a tidy garden. The office people I have spok... The tree work was carried out by friendly operatives who arrived on time and worked efficiently and well. They took away all the debris and left me with a tidy garden. The office people I have spoken to have also been friendly, helpful and efficient.

3 weeks ago

Maggie

This is the first occasion using Artemis and we found the service from start to finish prompt, professional and friendly. The interaction prior to the commencement of the work was really efficient, a... This is the first occasion using Artemis and we found the service from start to finish prompt, professional and friendly. The interaction prior to the commencement of the work was really efficient, and the team on the day were great and the work completed was to an exceptional standard, as was the clear up afterwards. A big thanks to Loise, Lewis, Mo and Marchin for your hard work on the day, and to Scott too who did the initial quotation. Well done boys and we are so pleased with the end result!

1 month ago

Anonymous

Survey completed quickly after our enquiry and clear and concise quote provided within a day. Great booking and pre-visit communication. The chaps that did the work were courteous and professional - k... Survey completed quickly after our enquiry and clear and concise quote provided within a day. Great booking and pre-visit communication. The chaps that did the work were courteous and professional - knew what they were doing and clearly communicated how the job was going and answered any questions we had during the work. They took their time to do the job well. Site left tidy with trees pruned and shaped as agreed. Artemis are expert and professional.

1 month ago

steve lynch

Artemis have undertaken two pieces of tree work for us in the last few weeks and on both occasions they did an absolutely great job. excellent value for money, I would thoroughly recommend them!... Artemis have undertaken two pieces of tree work for us in the last few weeks and on both occasions they did an absolutely great job. excellent value for money, I would thoroughly recommend them!

2 months ago

Anonymous

I would recommend this company to anyone. They were amazing from start to finish. They cleaned all the mess and took it away with them. Very happy, thank you again... I would recommend this company to anyone. They were amazing from start to finish. They cleaned all the mess and took it away with them. Very happy, thank you again

3 months ago

Ken And Joan Richardson

As usual our Magnolia tree was cut to perfection .The teamleft our property clean and tidy ,We have used Artemis tree Services for about 15 years and would not want to have anyone else to do the work ... As usual our Magnolia tree was cut to perfection .The teamleft our property clean and tidy ,We have used Artemis tree Services for about 15 years and would not want to have anyone else to do the work A big Thank you to the team ,

3 months ago

Michael Quy

A prompt professional team. I have used Artemis before and recommend them highly....

3 months ago

Gordon Trievnor

Another first class job completed by this exceptional Contractor. From initial site inspection to quotation and actual works, plus an amazing clear up after, it is always a real pleasure to use Arte... Another first class job completed by this exceptional Contractor. From initial site inspection to quotation and actual works, plus an amazing clear up after, it is always a real pleasure to use Artemis. Highly recommended.

4 months ago

Keith

Very efficient customer service. Did the job when they said they would. Met all our expectations. Would recommend....

4 months ago

Francis Xavier Emmanuel

This was the third occasion that we used the services of Artemis Tree Services. We were completely satisfied with their service at every stage of their work. Perhaps what pleased us most was to see th... This was the third occasion that we used the services of Artemis Tree Services. We were completely satisfied with their service at every stage of their work. Perhaps what pleased us most was to see the two young lads genuinely enjoying their work! 57 Bow Lane, Finchley, N12 0JL.

5 months ago

Enthusiastic of Eastcote

My wife and I were pleased to welcome Charlie and Ben, to tackle our overgrown Laurel. They telephoned ahead to advise their time of arrival and, once on site, got down to work in a professional and i... My wife and I were pleased to welcome Charlie and Ben, to tackle our overgrown Laurel. They telephoned ahead to advise their time of arrival and, once on site, got down to work in a professional and industrious manner. These young men were friendly and helpful, completing the job to our exact requirements, and tidying up thoroughly afterwards. In addition, they approached their work in full compliance with health and safety regulations. All in all, they were splendid ambassadors for their company!

6 months ago

Mrs S. Beattie

This is the 3rd time I have used this Company. All the staff are professional, friendly and helpful offering high quality service from the moment you contact them to completion of the job and the pri... This is the 3rd time I have used this Company. All the staff are professional, friendly and helpful offering high quality service from the moment you contact them to completion of the job and the price is fair. I wouldn't use anyone else.

6 months ago

Anonymous

We have used Artemis for tree and hedge works several times and would thoroughly recommend them. They give an all round professional service; communication is great, quotes detailed and work fairly pr... We have used Artemis for tree and hedge works several times and would thoroughly recommend them. They give an all round professional service; communication is great, quotes detailed and work fairly priced. If you are looking for trustworthy and reliable tree services look no further!

6 months ago

Derek Welch, Chalfont St Peter

Very professional, work hard, friendly and cooperative. Very highly recommended - they know what they are doing!...

6 months ago

Peter

Always friendly helpful staff, very knowledgable, prune/trim trees very well leaving a good shape and tidy up afterwards....

7 months ago

M Pearce

Polite, efficient, helpful - highly reccomended...

8 months ago

Brian (Pinner)

Artemis recently did some work for us and we were very impressed both with the quality of the work and the communication and value for money. I would recommend them.... Artemis recently did some work for us and we were very impressed both with the quality of the work and the communication and value for money. I would recommend them.

8 months ago

Michelle Hyer

Excellent service, tidy, efficient, on-time and someone at the end of the phone for queries! I would highly recemmend x...

9 months ago

Barbara M Grant, Rickmansworth, Hertfordshire

Artemis Tree Services Limited is a professional tree surgeon and is highly recommended. The marketplace is peppered with charlatans purporting to be qualified in this specialist area but Artemis con... Artemis Tree Services Limited is a professional tree surgeon and is highly recommended. The marketplace is peppered with charlatans purporting to be qualified in this specialist area but Artemis continues to uphold and deliver the professional status of this important skill. They offer a a high quality service from the very first contact through to delivery of a clean and crafted conclusion. I have no hesitation in recommending their outstanding service. Many thanks to all involved.

9 months ago