Lawyer: confirm fence ownership before challenging tree

A legal expert has outlined the steps you should take if a neighbour’s tree or plant is causing damage to your fence. With summer now in full swing and a period of warm, sunny weather behind us, many homeowners will be turning their attention to their gardens. For some, this may be the first time in months they’ve noticed that a neighbour’s trees, bushes or other plants are encroaching on their side of the garden – or even causing damage to their fence. Legal and

property specialists have previously outlined what to do about overhanging branches from neighbouring properties, as well as whether you’re entitled to paint your side of a neighbour’s fence. But what happens when a tree or plant is actually causing structural damage to your fence? In this situation, Jagdeep Sandher, partner and head of civil litigation at Blythe Liggins Solicitors in Leamington Spa, Warwickshire, has outlined the necessary steps – including one critical first move. “The first step is to make sure you’re absolutely certain that

it is your fence and not theirs,” says Jagdeep. “The title documents for your home or previous conveyancing documents may tell you if you’re unsure and, if not, you can speak to a boundary surveyor or solicitor.” The next step is equally important, as Jagdeep explains: “When you’re certain, I’d always advise speaking to your neighbour in a calm and collected way about it. You’ve always got to have in the back of your mind that you will continue living next door to this person

for potentially many years to come, so you need to keep relations neighbourly.” If you speak to them and the conversation isn’t positive, “you then need to formally set out your position in writing to the neighbour, whether you do that personally or through a solicitor,” says Jagdeep “If there’s then a dispute about who owns the fence and where the boundary lies, that would be for a surveyor to determine. Unless you can reach an agreement between the two of you, the next step

would be to seek advice from a solicitor and start legal action to claim the cost of repairing or replacing the fence back from the neighbour. Often, the arrival of a solicitor’s letter sharpens the mind, so the neighbour may be willing to resolve the situation at this point to avoid the cost of going to court.” If a neighbour’s tree or hedge isn’t causing any damage but is hanging over into your garden and you’d rather it didn’t, here are your rights: You have

the right to trim back branches up to the boundary line, not beyond it You cannot reach into a neighbour’s garden to cut on their side of the boundary line — or enter their garden without permission It’s on you to dispose of what you cut You should politely discuss your plans or intentions with your neighbour You should check the tree is not in some way protected (eg by a tree protection order) Your neighbour does not have to trim their tree if it

crosses your boundary or looks bad. They only have a responsibility to do something if it becomes dangerous or is considered a nuisance. Your neighbour does not have to trim their tree if it crosses your boundary or looks bad, reports the Liverpool Echo . They only have a responsibility to do something if it becomes dangerous or is considered a nuisance.

neighbour tree, fence damage, boundary line, property law, civil litigation, overhanging branches, tree protection order, solicitor letter