If a tree or hedge from your neighbour has damaged your property and they have not fixed it, they may be liable for the repair costs
Everything you need to do if you find yourself in the predicament (Image: Getty )
Should a tree or hedge belonging to your neighbour have caused damage to your property without them addressing it, they could potentially be responsible for the repair expenses you must meet. You may be able to deal with this via your home insurance, which could subsequently reclaim the money from your neighbour’s insurer.
Gov.uk states: “Your neighbour is responsible for maintaining their hedges so they do not, for example, damage your property or grow too high. If they do damage your property, your neighbour may be liable.”
According to UK law, particularly the common law of private nuisance and the Occupiers’ Liability Act 1957/1984, landowners have a duty of care to ensure their trees do not pose a foreseeable threat to neighbouring properties.
Citizens Advice states: “If the trunk or main stem of a tree or hedge is on your land, you own it. If it’s on the boundary between properties, you’ll need to check the legal documents you got when you bought your home. They’ll indicate where the boundary is and might say who’s responsible for the tree or hedge.
“You can buy the documents from the Land Registry if you don’t have them – it only costs a few pounds. It might be a good idea to buy the documents for your neighbour’s house too – they might give information that’s not covered in yours. If it’s not clear where the boundary is, you can get help from Royal Institution of Chartered Surveyors (RICS)- they work with surveyors who can help with property problems.”
Ownership of a tree is established by the position of its trunk. You are permitted to trim branches that overhang your property or roots that intrude, but only up to the boundary line. It’s essential to avoid encroaching onto your neighbour’s land or causing harm to the tree in the process, reports the Liverpool Echo.
Should a tree cause damage, such as toppling onto your fence, or if its trunk, branches, or roots result in structural problems, the owner could be held accountable, particularly if they were aware of, or ought to have been aware of, the risk and failed to act. This is why it’s sensible to notify your neighbour in writing as soon as you identify a problem; otherwise, they could claim ignorance as a defence.
What to do if a neighbour’s hedge damages your fence?
If your neighbour’s hedge has caused damage to your fence, you should photograph the damage and examine your property deeds via the UK Land Registry to confirm who is responsible for the boundaries. Steps to resolve the issue include:
- Gather evidence: Take clear photos of the damage to your fence and the hedge pressing against it.
- Talk to your neighbour: Approach them calmly to discuss the issue and ask them to cut back the hedge and repair or replace the fence.
- Check your home insurance: Your insurer may cover the repair costs and pursue your neighbour to recover the expenses.
- Mediation: If your neighbour refuses to cooperate and you wish to avoid court, use the Civil Mediation Council to find an impartial dispute mediator.
If the boundary is unclear, consider engaging a RICS-registered surveyor to formally determine property lines.
What to do if a neighbour’s tree damages your fence?
Under UK law, if a tree falls from your neighbour’s property onto your fence, the tree owner is typically held liable for the damage. It is the neighbour’s responsibility to remove the tree and cover the cost of repairs, especially if they were aware that the tree posed a danger and failed to address it. If you believe a neighbour’s garden poses a health risk, you should get in touch with your local council’s environmental health department.
- Document the damage: Take clear photos of the broken fence, the tree, and any property damage before clearing anything away.
- Contact your neighbour: Have a polite conversation to agree on who will cover the costs. If they refuse, send a written letter outlining the issue and requesting that they remedy it.
- Notify your insurer: Call your home insurance provider. They can help handle the claim against your neighbour or advise you on the quickest way to get the fence repaired.
- Check tree protection: Before doing any work, check the UK Government Check if a tree has a TPO tool. If the tree has a Preservation Order or is in a conservation area, you will need local council permission to prune or remove it.
- Get estimates: If you need to instruct a tree surgeon or contractor, get at least two written quotes to use as evidence if you end up taking the dispute to the Small Claims Court.
What should you do if a neighbour’s hedge or tree is blocking light or views?
Citizens Advice says: “If you’ve lost daylight to your property or views you previously enjoyed, you should try to negotiate with your neighbour to reduce the height of the tree. You can’t chop down your neighbour’s tree without their permission. If a hedge or two or more trees in a row are blocking light, you can complain to your local council”.
What should you do if a neighbour damages your tree?
Citizens Advice says: “Your neighbour can cut back roots and branches that overhang onto their property, but they should discuss this with you first. You both might need advice from a tree specialist about what will happen if you cut back the roots.
What should you do if your neighbour has dangerous or non-native weeds?
Certain destructive weeds can be extremely invasive. It is against the law to permit non-native plants, such as giant hogweed and Japanese knotweed, to encroach upon natural areas. If you’re contending with a hazardous weed in your garden, you may be able to persuade the landowner to remove it.
On occasion, the local council can assist in eradicating the weed. To find out whether you’re eligible for support, contact your local council using the relevant contact details provided. If you need to join forces with neighbours to tackle the weeds, specialist firms are available to assist. You should be able to expect the following from such companies:
- a free first visit for a quote
- a reasonable charge based on the time taken to get rid of the weed and the cost of any chemicals used
- a guarantee for a reasonable number of years.
