Is your neighbour’s tree damaging your fence?

What should you do if your neighbour’s tree is damaging your fence? Below is a practical guide for homeowners.

Discovering that a neighbour’s tree is damaging your fence can be frustrating, especially when boundaries—both literal and personal—are infringed. Fortunately, the law provides guidance, and there are clear steps you can take to resolve the issue fairly and constructively.

Step-by-Step: What to Do First

• Undertake checks on the property title deeds and TPO Registers : Confirm who owns what, using Land Registry documents or title deeds. You can access these directly from the Land Registry online if you do not have a copy. These property legal documents might indicate if the tree is entirely on your neighbour’s property and it may also record who is responsible for maintaining the fence. Look out for a “T” marking on the boundary fence on the title plan as this generally indicates the owner responsible for maintaining that part of the fence/wall. You can also obtain a copy of your neighbour’s title register to make the same checks as above and also to ensure that the Proprietorship register on the registered title records who you believe to be the owner. It could be that the property is rented in which case you may want to be in communication with both the tenant and the freeholder/landlord noted on the register.

The second check I would recommend undertaking is to find out whether the tree is subject to a Tree Preservation Order. Many councils have a map on their websites of the area showing the location of all the TPOs. You can establish here whether any lopping or work to the tree can be undertaken and whether the Council’s approval will be needed.

• Speak to your neighbour : Perhaps the neighbour is unaware their tree is causing a problem. Start with an informal friendly conversation, even over the garden fence. Everyone can have very different experiences with their neighbours – some like to build up a relationship with them whilst others prefer to keep a distance. There can also be tension when a new owner moves in and seeks to make changes that have stayed the same for centuries. Speaking in person can break down many barriers much quicker than any formal letters can. Try and agree on some common ground i.e. who is responsible for the fence; what work needs completing and, if needed, whether a tree surgeon can be jointly instructed and who will pay for the tree surgeon’s costs.
• Record the damage : Document the issue with photos or videos, ensuring dates and times are recorded. Some electronic devices do this automatically, but then when uploaded to a computer the time entry is lost, so be careful to check this first. Note whether the tree’s branches are pushing against the fence or roots disrupt the structure. Regularly keep a record over the course of the time you are managing this issue.
• Consult a tree surgeon or property surveyor : A tree surgeon or property surveyor can assess what issues the tree is causing and recommend next steps to resolve those issues.
• Speak to your neighbour a second time : This step all depends on how the first conversation went and if your neighbour is in occupation of the property and you can easily contact them. Where possible, keep the conversation going with your neighbour so you are addressing the problem together that way you can find a solution that suits both of you.
• Follow up in writing : If the issue persists, write a polite letter summarising your concerns and what action you would like taken. I emphasize here that the letter should stick to the key facts and set out some suggested solutions to resolve the issue. You may even offer to arrange to get the work completed yourself or obtain quotes for the work required if the neighbour needs assistance to do this.
• Contact your insurer : If your fence is damaged, check if your home insurance covers repairs and/or provides legal expenses cover for bringing a claim. Your insurer may pursue recovery directly from the neighbour on your behalf if appropriate by appointing one of their panel solicitors. Ensure you do this step before moving on to appoint your own solicitors directly so that you are not invalidating any potential claim you may make or foregoing a chance to recover your legal fees. This is also one of the first questions you will be asked by any solicitor that you do instruct. Seek Mediation or Legal Advice. If informal efforts fail, community mediation can help. As a last resort, consult a solicitor or consider legal action. A meeting with a mediator is usually cost efficient (around £500-£1200 per party) and can swiftly lead the parties to reach a resolution. When there is a dispute over the location of the boundary line, I would recommend following the Boundary Pre-Action Procotol which you can access below and which your legal advisers can guide you through. When instructing a solicitor for the first time it is always helpful to prepare a summary of your matter, setting out steps taken so far in date order where possible. Have all your title documents and photos categorised and in a file ready to be easily accessed and identified.

https://www.propertyprotocols.co.uk/the-boundary-disputes-protocol

• Document final agreement : Where an agreement has been reached and there has been significant damage caused by the tree and expert/legal fees incurred I would recommend following up with a letter documenting the agreement in order to keep a record of the terms agreed. If you have got as far as instructing solicitors, they will usually draft this agreement for you.

Your Legal Rights: Trees and Property Boundaries

Under the law in England & Wales, tree ownership is determined by where the trunk stands. Overhanging branches and invading roots may be trimmed back—but only to the boundary line. Importantly, you must not trespass by going on to your neighbour’s property or damage the tree in the process.

If a tree causes actual damage (e.g. collapses onto your fence or its trunk, branches or roots cause structural issues), the owner may be liable, particularly if they knew—or should have known—there was a risk and failed to act. This is why it can be important to notify your neighbour in writing as soon as you are aware of a problem as otherwise they may plead ignorance as a defence.

Cutting Overhanging Branches: What You Can Legally Do

You are legally entitled to cut back overhanging branches to the boundary of your property—this is known as the “right of abatement.” However:

• You cannot enter your neighbour’s land or climb their tree without permission.
• Legally, the cuttings (branches, fruit) still belong to your neighbour and should be offered back, although practically this is not likely to be well received. I would store them in a garden bag for a week or two. Do not throw them back over the fence which some believe is the right thing to do. It is not the law and will no doubt antagonise your neighbours.
• If the tree has a Tree Preservation Order (TPO) or is in a conservation area, you will need to make an application to your Local Authority to seek permission before cutting any branches back. There is an exception if part of the tree is dead, dying or poses an immediate danger to people or property, you may carry out the work without permission. However, even in this scenario you should still give the council at least 5 working days’ notice, unless it is an emergency and always be prepared with evidence to justify the exception. Carrying out unauthorised work on a TPO- protected tree can result in fines of up to £20,000 per offence.

Who to Contact for Support

• Tree Surgeon – for independent assessment of damage or risks.
• Local Authority / Council – to check for TPOs or conservation restrictions on the tree itself.
• Citizens Advice – for free, impartial guidance.
• Household Insurance legal team if you have legal expenses cover.
• Solicitor – for legal advice in complex or unresolved disputes and assistance on establishing where the boundaries to the property in question are. It is worth checking if the solicitor is concerned is a true property dispute specialist – are they a member of the Property Litigation Association?
• Community Mediation Services – to facilitate communication.

Who Pays for the Damage?

If your neighbour’s tree has directly damaged your property, and they have failed to maintain it responsibly, they may be liable for the repair costs that you incur. This may be handled through your home insurance, which may then recover the costs from your neighbour’s insurer.

Is There a Height Limit on Trees?

There is no general legal height limit for trees in England & Wales. You can complain to your local council if a neighbour’s trees are two or more mostly evergreen or semi-evergreen or shrubs; over 2 meters tall and significantly impacting your enjoyment of your property. Many councils have a specific form for high hedge complaints, which you can find on their websites. You can access further information about this on the government website here: https://www.gov.uk/how-to-resolve-neighbour-disputes/high-hedges-trees-and-boundaries. Upon making the application a council representative will likely visit to assess and then a decision will be made by them.

Final thoughts

Neighbour disputes can be sensitive, but they do not have to become bitter. Understanding your rights, documenting issues clearly, and keeping communication respectful are the best ways to resolve tree-related tensions. In most cases, a reasonable conversation can nip the problem in the bud—before things take root. If you cannot resolve your issue after following the above steps, please do contact a member of the Property Litigation team who will be able to assist you.

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