Invasive actions toward the roots of your neighbor's tree, which extend into your garden, should be avoided, despite the boundary disagreement
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When it comes to trimming the roots of a neighbour's tree that encroaches onto your property, it's essential to approach the task with care and understanding of the legal and practical implications. Here's a guide to help you navigate this situation.
Legal Ownership and Rights
The tree belongs to the neighbour who owns the land where the trunk is located. However, under common law, you have the right to cut roots that cross onto your own property to abate a nuisance.
Location Restriction
You can only trim roots from your side of the property line. Entering the neighbour's property to cut roots without permission could be considered trespass.
Avoid Excessive Damage
While trimming encroaching roots is generally allowed, causing serious harm to the tree or killing it can create legal liability for damages. Neighbours can sue for the cost of replacing the tree if your root cutting causes significant injury to it.
Notify Your Neighbour
It is good practice and can avoid disputes if you notify the tree owner before you cut roots encroaching on your land, especially if the roots are extensive or require significant work.
Local Laws and Permits
Local ordinances or state laws could regulate tree root trimming or removal, especially if the tree is protected or considered dangerous. Some places require evaluation by a certified arborist or landscape architect to document if the tree roots pose a threat before removal or pruning.
Liability for Damage
If the tree roots have damaged your property (such as fences, sidewalks), the tree owner is often financially liable for repair costs. Conversely, you may be liable if your root cutting damages the neighbour’s tree or causes further issues.
Protecting Trees During Building Work
Protecting trees during building work in your own garden is necessary to keep them damage-free. Cutting roots can reduce a tree's access to water and nutrients, increasing its stress and making it more vulnerable to disease.
Tree Preservation Orders (TPO)
Trees in designated conservation areas are automatically protected, and work on them may still require council notification. A Tree Preservation Order (TPO) requires written permission from the local authority for any work, including root pruning, on a tree protected by it.
Consequences of Uninformed Action
Just starting to cut a neighbour's tree roots without understanding the law can lead to expensive and unpleasant consequences. Failing to get approval for work on a TPO-protected tree can be a criminal offence.
Boundary Confirmation
It's important to confirm where your boundary is before cutting your neighbour's tree roots.
Professional Advice
Getting professional advice from a qualified arboriculturist is strongly advisable before touching any tree roots.
Protection of Wildlife
Disturbing nesting birds, bats, or protected species (and their habitats) is illegal under the Wildlife and Countryside Act 1981.
Consultant Litigation Solicitor
Jack Bassett, consultant litigation solicitor at Setfords, specializes in property and commercial disputes, including neighbour boundary issues, nuisance claims, and litigation involving land and property rights.
In conclusion, trimming a neighbour's tree roots requires a balance of private property rights, nuisance abatement, and neighbourly communication to prevent conflicts or legal actions. Always approach the task with caution, understanding, and respect for the law and your neighbour's property.
- To protect your home and garden during building work, ensure trees are kept damage-free as cutting roots can reduce their access to water and nutrients, increasing their stress and making them more vulnerable to disease.
- In a home-and-garden project, always consider the design of your structure to avoid causing harm to nearby trees and abide by local laws and permit requirements, especially for trees protected by Tree Preservation Orders (TPO).
- In the process of home improvement, consider the impact of your actions on your lifestyle and your neighbour's, as cutting a neighbour's tree roots without proper planning and notification could lead to disputes or legal issues.
- Guiding towards a harmonious home improvement and lifestyle, it's essential to consult a qualified arboriculturist before touching any tree roots, and to respect the law and your neighbour's property while trimming encroaching tree roots or working on protected trees.
