My neighbour cut down my trees so they could build a pool – what can I do?
OVERHANGING trees from a next door neighbour can be a nuisance for a homeowner as leaves and trees litter your garden.
One homeowner has got into dispute with their neighbour though after cutting back overhanging trees so they could build a pool - so what are your rights.
Garden maintenance is time consuming.
It can take a good chunk of the day to mow a lawn and remove fallen leaves and branches.
This can be even more annoying if they are not yours but are falling from next door.
Legally, you are allowed to cut overhanging trees from a neighbouring property back to your boundary.
But a homeowner has taken to the internet and the after his neighbour demanded he cuts down his trees as they want to build a swimming pool.
Understandably, the neighbour wants to reduce the amount of leaves and twigs falling into the pool.
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But what are your rights in this situation?
David Jones, a solicitor specialising in dispute resolution at Stephensons, said a homeowner can be forced to cut down the trees in certain circumstances such as if the roots are damaging the property.
A court can order you to remove the trees in these cases.
He said: “The legal situation can depend on whether the neighbour cut down the trees on your land or trimmed back the trees from their land.
“If a neighbour enters your garden and purposefully cuts down your trees, they could be liable for damages and trespass if they do this without permission.
"Depending on the circumstances, their actions could also amount to criminal damage."
He said a neighbour can have the right to cut back or prune any branches that overhang their land without permission - known as abating the nuisance - but should ask the tree owner what they want to do with the trimmings.
Jones said there are limitations on what a neighbour can do to an overhanging tree though.
It can only be pruned back to the boundary line and they need permission from the neighbour to enter and make changes on their property.
If the trees are damaged from being trimmed in a way that causes them to die then the neighbour could be held iable.
A neighbour should also not carry out any work to someone else's trees without permission from the local authority if they are subject to a Tree Preservation Order (TPO) or within a conservation area.
Jones added: “It is often best if neighbours speak to each other before taking any action in relation to overhanging trees or bushes in the hopes that an amicable resolution can be reached and to avoid a potential legal dispute and the costs that come with this.
“If you do find yourself in a dispute, it is recommended that you seek independent legal advice.”
“If you do find yourself in a dispute, it is recommended that you seek independent legal advice.”
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