Tree-related points, from annoying overhanging branches to extreme affect on daylight coming into your house, are a standard supply of neighbour disputes.
There’s no normal most peak or unfold for particular person backyard timber in UK regulation. So when a tree begins blocking pure gentle, this could result in hassle. The final rule is that you simply’re allowed to trim any branches which overhang the boundary, informing your neighbour politely of your intention.
Nonetheless, if the tree is very tall or broad, you’re going to have to speak to next-door about the way to proceed. We discover the potential points, clarify why you’ll be able to’t typically use the best to gentle ruling, and what a dispute may entail if the neighbourly love would not prevail.
Methods to strategy a difficult tree together with your neighbour
One of the best first step to take when a tree is obstructing gentle to your house or backyard, is to strategy your neighbour amicably.
“More often than not, this challenge could be resolved with a well mannered, face-to-face dialog,” says Toby Leek, NAEA Propertymark president. “Individuals could be very understanding in conditions like this, and it’s essential to train endurance too, as they’ve commitments which will cease them from taking motion instantly.”
The important thing, says Dean Meadows, principal arboriculturist at ecological and arboricultural consultancy, Arbtech, is to keep away from treating the difficulty as a authorized dispute within the first place. “As an alternative, open up a pleasant dialogue to debate the matter, increase your issues, and suggest an arboriculturally-sound course of works to handle the issue, reminiscent of even handed pruning.”
You might also want to ask an arboricultural knowledgeable for preliminary recommendation, verify for Tree Preservation Orders (TPOs) and, if you happen to’re in a conservation space, any restrictions. If any statutory safety applies, written consent from the native planning authority will likely be wanted – even for minor works.
Keep away from disputes by beginning with an amicable dialog (Picture credit score: Hill St Studios/Getty Pictures)
Toby Leek
Toby Leek is president of NAEA Propertymark, a nationwide regulatory membership physique for property brokers. He’s additionally a gross sales supervisor for Laurent Residential, with a historical past of working within the property business throughout central London and Surrey.
Dean Meadows
Dean Meadows is a principal arboriculturist and tree danger lead at main UK ecology consultancy Arbtech, with greater than 10 years’ expertise in arboriculture and tree danger administration. Dean’s experience in enterprise giant to small-scale tree danger and situation surveys sees him collaborating with organisations, landowners and native authorities. In 2020, Dean was named as one in every of Professional Landscaper’s 30 Below 30: The Subsequent Era, an award recognising exemplary younger, aspiring, and bold professionals.
What in case your neighbour refuses permission to trim the tree?
In such a scenario you need to clarify calmly how the tree is affecting your enjoyment of your house, says Toby Leek, “whether or not it’s overshadowing a backyard, blocking gentle right into a key room, or inflicting upkeep points reminiscent of falling leaves or particles.”
You might be allowed to trim again any branches that cross over your boundary while not having your neighbour’s permission, as long as you don’t transcend the boundary line. Nonetheless, it is all the time finest apply to tell your neighbour earlier than finishing up any work. You must ask them if they want the clippings returned, though generally individuals eliminate the waste themselves.
“You continue to have a standard regulation proper of ‘abatement’ to prune branches and roots that cross the boundary again to the boundary line, however no additional, offered you don’t trespass or harm the tree,” Dean Meadows stresses. “If extra drastic peak discount is required to abate the difficulty, strive formal mediation earlier than going to courtroom.”
A specialist unbiased panel, such because the RICS Neighbour Disputes Service, is probably the most acceptable mediator to strategy for such instances. Mediation is consensual. “You invite, not compel,” says Dean. “You may ship a ‘CPR Pre-Motion Letter’ providing mediation. In case your neighbour refuses unreasonably and also you later win in courtroom, a choose can penalise them for prices.”
The RICS Neighbour Disputes Service operates in three phases. A number of can be utilized to resolve the dispute and value as follows:
Trimming off odd minor branches your self shouldn’t hurt the tree, however earlier than you get the clippers out, all the time lookup the species and really helpful pruning instances of 12 months. If you happen to’re coping with a tree, check out the recommendation for reducing down a tree (though it is after all not advisable to chop the entire tree down), however be certain additionally to observe knowledgeable suggestions on when to chop hedges to keep away from moving into hassle.
Toby Leek says for something greater than a trim, discover a correct tree surgeon. “They’ll perceive how a lot can safely be reduce with out harming the tree and also will be capable of verify for any Tree Preservation Orders (TPOs) or different authorized restrictions earlier than continuing.”
If you happen to harm the tree it might be thought-about negligent and you could face authorized motion out of your neighbour. “Subsequently, it is very important make use of a reliable, insured Arboricultural Affiliation Accepted Contractor working to BS 3998 and/or an arboriculturist to keep up an acceptable specification,” says Dean Meadows.
Are you able to insist your neighbours pay for the work?
The default presumption is that you simply pay. “The tree proprietor owes no obligation to subsidise until a courtroom or council finds the tree a authorized nuisance,” Dean Meadows explains. “The place a hedge breaches the Excessive Hedges guidelines, an area authority’s remedial discover can compel the proprietor to chop at their price. In any other case, cost-sharing is solely by settlement.”
What’s the ‘proper to gentle’ laws?
Pure gentle to your property is protected underneath the Rights of Mild Act 1959. The regulation recognises a legally enforceable ‘proper to gentle’, if a window or opening has loved unobstructed daylight for not less than 20 years.
Dean explains: “As soon as established, this proper continues even when one thing later seems, reminiscent of newly-planted timber, that start to dam the sunshine.”
Nonetheless, ‘proper to gentle’ in terms of timber is a tough matter to show. Case regulation reveals claims towards timber hardly ever succeed, because the check is usually asserted towards buildings, Dean warns.
Do you have to want to proceed in acquiring proof, lack of gentle could also be assessed by a specialist survey utilizing the Waldram methodology. This evaluates the quantity of sunshine obtained instantly from the sky in a room, sometimes at desk peak.
A room is taken into account to take pleasure in ‘ample gentle’ if it has a daylight issue of ≥ 0.2 per cent over not less than 50 per cent of the ground space.
“Something beneath this threshold triggers potential compensation underneath the Rights of Mild Act 1959,” explains Dean, “as a result of courts evaluate as we speak’s gentle with the notional 20-year baseline, consultants mannequin the ‘then’ state of affairs from previous photographs, photo voltaic knowledge, or different information.”
The ‘proper to gentle’ laws tends to use to buildings relatively than timber (Picture credit score: d3sign/Getty Pictures)
Does ‘proper to gentle’ apply to gardens?
The ‘proper to gentle’ laws protects solely liveable inside rooms, advises Dean Meadows.
“Gardens and patios take pleasure in no statutory ‘proper to gentle’. Nonetheless, extreme overshadowing by vegetation can nonetheless be pursued as a standard regulation nuisance or underneath the Excessive Hedges regime Half 8 of the Anti-social Behaviour Act 2003.”
What’s the distinction between legal guidelines for timber and legal guidelines for hedges?
In terms of the authorized peak of a hedge between neighbours, hedges which are evergreen or semi-evergreen, in a row of two or extra stems, and over two metres tall fall inside Half 8 of the Anti-social Behaviour Act (ABA) 2003. On this case, the native council can challenge a remedial discover forcing peak discount. Nonetheless, there isn’t any equal statutory cap for single timber.
Forthe ABA to use there must be what’s often known as a ‘excessive hedge’, says David Shakesby, director within the property litigation group at nationwide regulation agency Freeths. “This generally is a line of timber, however not a single tree. Gaps, or timber of various heights will likely be taken into consideration.”
Different elements thought-about embody whether or not the excessive hedges totally block or simply intervene with gentle, if the foliage is evergreen – so the scenario stays the identical year-round – or if there’s a distinction in gentle coming by way of at totally different instances of 12 months.
The foundations for hedges do not apply to single timber(Picture credit score: Getty Pictures)
What occurs if you happen to kill or harm the tree on account of pruning?
Soyour neighbour has given you permission to trim the tree, however consequently it suffers illness and even dies. What subsequent?
“Even together with your neighbour’s permission, if you happen to perform the work your self or instruct another person to do it and the tree is broken, turns into diseased, or dies consequently, you would be held answerable for the harm,” warns Toby Leek.
“This consists of being liable for the price of changing the tree or compensating your neighbour for the loss.”
FAQs
“Completely – sure, you should declare all disputes, together with these associated to timber, when promoting your property,” says conveyancing knowledgeable StuartForsdike, founding associate at PCS Authorized.
When promoting, you’re legally required to finish a Property Data Type (TA6), which types a part of the conveyancing course of. “One of many key sections on this doc asks whether or not there have been any disputes or complaints with neighbours,” says Stuart.
“This isn’t restricted to formal authorized disputes, it additionally consists of casual or ongoing disagreements, for instance, arguments over a tree blocking gentle, dropping particles, or inflicting harm to fences or constructions.”
It is very important perceive {that a} “dispute” doesn’t have to finish in courtroom to be thought-about legally disclosable. Even when the dispute has been resolved, it ought to be disclosed, together with particulars of the way it was settled.
“If there was a written trade, a proper grievance to the council, and even repeated verbal disagreements that present an ongoing challenge, these should be disclosed,” Stuart provides. “Failing to take action may consequence within the purchaser pursuing authorized motion after the sale, probably searching for monetary compensation and even rescinding the acquisition.”
Stuart Forsdike
Stuart has greater than 28 years’ conveyancing expertise, as certified licensed conveyancer, specialising in residential and business conveyancing, and wills and probate. Profitable a number of business awards, he’s a senior associate at PCS Authorized, one of many largest corporations of licensed conveyancers within the UK, commonly ranked within the high 40 regulation corporations coping with quantity conveyancing primarily based on land registry statistics.
Know your rights in terms of neighbouring timber overshadowing your property and you need to be capable of resolve any points with out recourse to authorized motion.
Alternatively, if you happen to’re a plot to purchase that is near neighbours with giant timber, in addition to understanding how daylighting will should be rigorously thought-about in your design, be sure you perceive the implications of constructing by timber earlier than you signal on the dotted line.
