Help – neighbour dispute with overhanging tree?

Reply to the comment left by Denise G at 27/07/2023 – 09:23I would do what you said but offer it back maybe with an email, text or letter and if no response leave it in their garden or throw it out if they agree that you can cut. I normally cut what is overhanging in our garden and dispose of it as the law is that you can cut anything overlapping your boundary but you must offer it back to the neighbour. What to do with it is another point as, I cannot think who would want the cuttings back.

If the wall is yours you could try insurance claim for wall damage, on their insurance. Or get your insurance company involved at least, this will show the seriousness of it.

And as another stated, if the neighbour own the wall, ask for proof of liability insurance for when the wall falls down and causes a personal injury.

Legally, if the issue was just an overhanging tree. It is your legal responsibility to keep your garden, this includes anything over hanging into it. Not the neighbour. It makes me mad!

They have a moral responsibility to keep their plants in check, which is different.

Are there any restrictive covenants in yours and your neighbour’s deeds about boundary maintenance?

Obstinate, remote next door landlord to one of my places has just paid me £2350.00 to refund the work I had to do on his property to avoid further damage to my fence including costs and interest. He didn’t contest the moneyclaim – just dragged out paying up by abusing the small claim system.

Next door is sold STC – and I’m not sorry about that!

Just cut back what’s overhanging your side. Leave it on your side and ask neighbour if he’s happy for you to take it all down to the local tip. Beforehand type up a letter for him to sign as confirmation you can dispose of the waste. And take plenty of before and after photos. Your cost at the end of the day ….. a bit of fuel and a few hours of your time.

If the tree is growing on the neighbours land then it’s not a joint problem, it’s theirs. Send them a solicitors letter or get your insurer involved and they will send them a letter. You may find your premium goes up though.

I had a similar thing in one of my properties. The tree was growing in the next doors garden but the branches were covering my tenants bedroom window. It had also started to move the dividing garden wall. The next doors house was a council property so I reported it to them and they came and chopped it all down to the floor. It now looks much better. If the roots are in the neighbours garden then it belongs to them. Don’t go paying out any money to get it trimmed as its not your responsibility. If you want to trim the branches that overhang into your property then you are in your rights to do so but you should offer them back to the neighbour (I doubt they will want them but it’s the law!) good luck.

A Buddlia is a bush not a tree. A tree has a single trunk.

You do not have to get permission from a neighbour or give them notice to cut off the overhanging branches.

Your actions are classed as ‘abating a nuisance’ which does not require permission. Only in situations where you need access to their land to undertake the work would permission be required. Similarly prior consent from the local authority is required for trees with a TPO or in a Conservation Area.
A buddlia would never be the subject of a TPO

Once branches are cut off they should be offered back to the tree owner. If the owner doesn’t want them then you will be responsible for disposing of the prunings; you can’t simply throw them over the boundary into your neighbour’s garden!

I had a problem with overhanging tree brushing my roof, so wrote to neighbour explaining that any damage to my roof would be their responsibility. Tree was chopped down a couple of weeks later. Buddleia grows like mad so needs to be killed off if its damaging the wall. I dont know the size of your wall, but removing a few square metres of bricks and rebuilding shouldn’t be more than a couple of days work for a brickie and cost 1k at most.