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Trees and your property

Introduction

Trees play a vital role in enhancing our quality of life and provide a wide range of benefits to the urban environment, where many of us live and work. However, they can sometimes cause inconvenience or raise concerns about the enjoyment of our property. These issues are usually manageable, but it is important to approach them constructively to avoid disputes and find practical solutions.

Can I Cut Back My Neighbour's Tree Branches That Overhang My Property?

Yes - under common law, you can trim any branches that overhang your property without needing permission, however, it is courteous to let your neighbour know first. You must only cut back what is on your side of the boundary. Entering your neighbours land or leaning tools over the boundary could be considered trespassing. Any cut branches still belong to your neighbour- ask if they want them back. If not, you are responsible for disposing them.  If a tree is protected by a Tree Preservation Order (TPO) or is in a conservation area, you must get formal permission from us before carrying out work.

What If My Neighbour's Trees Are Blocking Light?

Your neighbour is only responsible for keeping their trees in a safe and healthy condition to reduce risks to people and property. There are no legal limits on how tall trees can grow.  If a tree is affecting your light, it's best to start with a friendly conversation- your neighbour may not be aware of the issue and might be willing to help.

What Can I Do About a Tall Hedge Next Door?

High hedge legislation, introduced under Part 8 Anti-Social Behaviour Act 2003, applies to evergreen and semi-evergreen hedges over 2 meters in height.  If a hedge is affecting your enjoyment of your home or garden, you must try to resolve the issue informally by speaking with your neighbour. If that fails, you can submit a formal complaint to us. We will investigate and, if appropriate, may issue a notice requiring the hedge owner to reduce its height. The fee for submitting a high hedge complaint is £150.  Further guidance is available in the government's document: High hedges: complaining to the Council External Hyperlink - Opens in new tab.

Should I Be Worried About Tree Roots Near My Property?

Tree roots can cause damage in two ways: 

  • Direct damage - This happens when roots push up surfaces like paving or garden walls or branches moving in the wind. It's usally minor and occurs close to the tree. 
  • Indirect damage (subsidence) - On clay soils, roots can dry out the ground, causing it to shrink and affect building foundations. This is less common but can be more serious. Current building standards require that the presence of trees is considered when designing foundations for new buildings, helping to reduce the risk. 

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 TPO or if it is in a conservation area you will need to make an application to us before root pruning can take place.

What Should I Do If Tree Roots Are Blocking My Drains?

It is rare for tree roots to break into drains or pipes on their own. However, if an old or damage pipe is already leaking, the moisture can attract nearby roots, which may then grow into the cracks. Replacing damage drains with modern, sealed materials will usually stop the problem from happening again. 

Are There Any Restrictions on the Type of Trees I Can Plant in My Garden?

There are no specific rules about which trees you can plant in your garden. However, it is important to think ahead before choosing a tree:

  • Space- Make sure there is enough room for the tree to grow to its full height and width. 
  • Nearby features- Check for overhead wires or underground pipes that could be affected.
  • Sunlight- A tree planted to the south or west of your home might block afternoon or evening sun. 
  • Maintenance- Some trees drop lots of leaves, fruit, or sap, which can block gutters or create slippery surfaces.

 




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