Trees and Hedges in Dispute

Trees and hedges can cause strong emotions. In some cases, people can be fiercely protective of them, because of their size, historical or aesthetic value or because of sentimental attachments. In other cases, there may be equally heartfelt animosity towards trees and hedges and a determination to see them removed or substantially reduced in size.

Neighbourhood Conflicts and Disputes

Trees and hedges can be a focus of conflict and dispute for neighbours, conservation groups, tree lovers and local authorities.

In a recent case, a millionaire businessman who chopped down trees upon his property because they blocked the light has been forced to pay £170,000 compensation. He had full knowledge that the 11 trees, which included a mature oak, a beech and sweet chestnuts were protected by a tree preservation order. However, the court heard he “deliberately” cut them down to add an estimated £138,000 to the value of his home. He has now been left out of pocket after a judge ordered him to pay the compensation plus a further £32,000 in fines and court costs.

Disputes and Legal Nuisances

Disputes can also arise between neighbours. In law you’re are entitled to cut off any branches overhanging your property provided you return them to the owners. However, entering someone’s property, to cut a tree or hedge would undoubtedly cause friction and may end up in court.

Trees can cause a legal nuisance (damage) in some circumstances. If cracks appear in a building and it is thought that a tree on neighbouring land may be to blame, then the tree owner may be liable for the cost of repairs. In order to demonstrate liability, in nuisance, evidence should be provided which indicates beyond reasonable doubt that the tree is in fact, responsible. It may also be necessary to demonstrate that the damage was reasonably foreseeable and that the tree owner should have taken action to remove the threat.

“An Englishman’s home is his castle” so the saying goes, and within the boundaries of his own property an individual can generally do what he pleases. However, he is not entirely without restriction since he owes a duty of care to those around him and must take care to avoid causing injury, damage or offence to people or property.

Check with your local planning department to make sure the tree or hedge is not subject to a tree preservation order or situated in a conservation area. You cannot insist that a neighbour reduces the height of a tree and there is no automatic right to light.

Are Leaves a Nuisance?

Finally, a word on leaves. Every autumn people (from householders to rail passengers) complain about the annoyance caused by falling leaves. Although the leaves may be irritating or cause an inconvenience, they are rarely, if ever, a nuisance in the legal sense. A reasonable person could be expected to accept that the fall of leaves from trees is a seasonal occurrence over which the tree owner has no control, neither could he stop the wind blowing them over a boundary. Therefore leaves, flowers or fruit covering a neighbour’s lawn or filling up his gutters may be an inconvenience and cause a dispute, but would not normally be considered a nuisance (i.e. causing damage).

If you want anymore information or need help in a dispute then please give me a call on 01283 561531 or at s.litherland@timms-law.com

Sherrie Litherland
January 2020