Trees and Your Property

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Introduction

Trees add immeasurably to our quality of life and contribute multiple benefits to the urban environment, where so many of us live and work. However, trees have some characteristics that can often be viewed as an inconvenience and occasionally give rise to more serious concerns regarding the enjoyment of our property. Such circumstances can give rise to disputes where the tree concerned is not in the ownership of the person affected.

This page aims to answer some common questions about trees and your property, they are intended for information only and the Council cannot get involved in private disputes over trees.
 

• My neighbour's trees encroach across my boundary - can I cut them back?
• My neighbour's trees are blocking my light - what can I do?
• My neighbours have a high hedge - what can I do about it?
• I have a big tree near my property and I am worried about the damage the roots may be doing to my house - what should I do?
• Tree roots are blocking my drains - what can I do?
• A tree is lifting paving slabs / affecting my drive - can I cut the roots of a protected tree?
• Are there any controls on the type of tree I can plant in my garden?

 

My neighbour's trees encroach across my boundary - can I cut them back?

Your Common Law rights allow you to remove branches that cross over your boundary without the need to seek your neighbour's permission. However, it is always advisable to notifying your neighbour of your intentions before cutting any branches. When pruning back trees from neighbouring land you must not cross the boundary or enter the land to do so. For example, leaning a ladder over the boundary to rest against the trunk of the tree could be classed as trespass. 

You should not dispose of the branches or any other waste material from the tree over your fence into your neighbour's garden, but first ask your neighbour if they wish to have the material returned to them. If they don't want it, it will be your responsibility to dispose of it. If a tree is protected by a Tree Preservation Order, or because it is located within a Conservation Order, the Common Law right is removed and you will need to seek formal permission from the Council before undertaking work to living parts of the tree.

 

My neighbour's trees are blocking my light - what can I do?

Technically your neighbour only has a duty to ensure their trees are maintained in a sound and healthy condition to minimise the risks to people and property affected by them. There is currently no restriction governing the height to which trees are allowed to grow. If you have concerns regarding a tree ask your neighbour how they intend to maintain it; you may be able to cut the overhanging branches back to the boundary. However, before either you or your neighbour undertakes works to any trees it is important to check the trees are not covered by a Tree Preservation Order, or located within a Conservation Area. For further information you can contact the Tree Team on (01329) 236100 ext 2442 or email conservation@fareham.gov.uk

 

My neighbours have a high hedge - what can I do about it?

The high hedges legislation was introduced on 1 June 2005 under Part 8 of the Anti-social Behaviour Act 2003 and applies to evergreen and semi-evergreen hedges of over 2m in height. Information relating to this matter – including three leaflets - may be viewed at www.odpm.gov.uk/treesandhedges (this is an external hyperlink) (the website of the Office of the Deputy Prime Minister). The legislation provides for those who feel that a neighbour’s hedge is hindering the reasonable enjoyment of their property to submit a formal complaint to the Planning Enforcement Team who can be contacted via email at planningenforcement@fareham.gov.uk. The Council will then investigate the matter and may, if considered appropriate, serve a notice on the hedge owner requiring them to reduce the hedge in height. The current fee for dealing with a high hedges complaint at Fareham Borough Council is £135.

 

In most cases, it is possible for neighbours to agree upon a course of action between them without a formal complaint being necessary.  This is certainly the preferable approach for all concerned.

 

I have a big tree near my property and I am worried about the damage the roots may be doing to my house - what should I do?

Tree roots may potentially cause damage to built structures in two ways:

 

Direct Damage - Damage can be caused by tree branches moving in the wind. This type of damage is generally minor – dislodged roof tiles or possibly broken windows. The remedy is usually a straightforward matter of keeping the tree cut back from the building.

 

Damage can also occur when a tree is in constant physical contact with a building or structure, by the gradual growth of the tree pushing against it. The most common manifestation of this type of damage is the lifting of flagstones and tarmac by tree roots. Fences and walls can also be damaged. Damage cannot be caused to substantial buildings in this way because the forces involved are not strong enough. The greatest risk of direct damage occurs close to the tree from the incremental growth of the main stem and secondary thickening of the roots, and diminishes rapidly with distance.

 

Indirect Damage - The forces involved where trees cause subsidence by water abstraction are much greater, and significant damage to buildings can result. This type of damage only occurs on clay soils. When water is removed from clay the spaces between the soil particles close, and the material shrinks. This affects the support for the foundations of buildings.

 

Whether or not a building is affected by a tree in this way is impossible to predict. It depends on the interactions between a number of factors, including the shrinkability of the soil, the construction and depth of foundations, the size, species, vigour and rooting pattern of the tree, effects of other vegetation and any surface treatment, drainage and local weather conditions. Some trees can cause subsidence damage to buildings at considerable distance, while others can grow very close without causing any damage.

 

Current building standards require that the presence of trees be taken into consideration when specifying foundations for new buildings and foundations can be specified that will not subside.  Sometimes structural problems are caused when buildings are constructed on ground already dried by tree root action if the tree is removed and the soil consequently re-wets and swells. This is the converse of tree-related subsidence, and is known as heave. It is not a common phenomenon, and it does not occur where the building is older than the tree. 

 

Tree roots are blocking my drains - what can I do?

It is very unusual for roots to physically break drains and associated pipe work. However, tree roots are opportunistic and if an old pipe with poor joints is leaking into the surrounding soil this will attract the roots that may then exploit the existing weakness. Then, when repairs are required, a proliferation of tree roots often leads to the blame being placed with a nearby tree. However replacement of faulty drains/pipes with modern materials will usually eliminate the leak and stop problems from reoccurring.

 

A tree is lifting paving slabs / affecting my drive - can I cut the roots of a protected tree?

Cutting the roots of any tree is generally ill-advised as it may affect the tree's health and stability. If a tree is covered by a Tree Preservation Order, or if it stands in a Conservation Area an application will be required before root pruning can take place. (Please follow links to Tree Works Application Form (this is an external hyperlink) and Guidance Notes (this is an external hyperlink).

 

Are there any controls on the type of tree I can plant in my garden?

There are no controls on the type of tree that can be planted in your garden. However, there are a number of points worth considering:

• How much space is available? It is always best to ensure the space is sufficient to accommodate the tree at its mature height and spread.
• Are there any overhead wires or below ground services?
• In what position is the tree in relation to the property? A new tree situated to the south or west may block afternoon or evening sun, while a tree to the north will not restrict direct light from entering the building.
• What is the site usage and occupancy? Leaves of some species may cause problems, particularly in the autumn, by blocking gullies and gutters. Fruit can cause slippery patches and accumulation of honeydew may be damaging to surfaces and vehicles.

This web page is a reasonable summary of the legislation affecting trees; the information given is brief and therefore limited in extent. This information is offered for guidance purposes only.
 

For further information please contact the Tree Team in the Department of Planning and Environment Tel: 01329 236100 ext. 2442 or e-mail conservation@fareham.gov.uk