Our neighbour’s tree blocks gentle in our backyard – what can we do?

Two summers ago, new neighbours moved in next door – we live in a semi-detached property.

They’re not the friendliest, but recently, I knocked to ask if they would be having the tree located in their garden trimmed back as it blocks most of the sun in ours from 2pm onwards.

The old neighbours trimmed it back every year, usually in May. However, the owner shrugged and closed the door on me.

We don’t have the biggest garden and not having this trimmed back will really affect our ability to enjoy being outdoors. It feels quite unfair.

Where do we stand legally? Does it need to be over a certain size before we can complain to the council?

 Jane Denton replies: Getting new neighbours often goes one of two ways. It can either come as a huge relief or spell the start of unforeseen problems, as in your case. 

You have made it clear that relations with your neighbours are not good and they have been far from responsive to your reasonable request. 

In most circumstances, the first port of call would be to talk to your neighbour and resolve the matter cordially. You have tried this and it has not worked. 

The tree in your neighbour’s garden is still theirs, even if it’s overhanging or shedding leaves in your garden. 

Generally speaking, unless a tree is subject to a tree preservation order or in a conservation area, if branches from a neighbour’s tree start to grow into your side, you can cut them back to the boundary point between your garden and your neighbour’s premises. 

Do check the precise boundary lines beforehand. 

If you choose to cut down some of the branches overhanging into your garden, it would be sensible to inform them of your plans first, if possible. 

You must not enter your neighbour’s garden and start cutting branches down from the offending tree. You would be trespassing and could be prosecuted. 

Do note that you could be liable for any damage caused to the tree if you opt to cut down some of the offending branches hanging over in your garden. 

We spoke to a solicitor and an arborist about your case. 

Oliver Thorp, a solicitor at BLB Solicitors, says: This is a problem that is quite common in practice, but also one for which there is not necessarily a straightforward or easy solution.

Councils in England and Wales have powers under section 8 of the Anti-social Behaviour Act 2003 to deal with complaints about ‘high hedges’  that impact on the reasonable enjoyment of a domestic property, including the property’s garden. 

Crucially, a ‘high hedge’ is defined as a line of two or more trees or shrubs that are more than two metres high. There is no similar provision to deal with standalone trees.

If it is a single tree then the council can take action under section 23 of the Local Government (Miscellaneous Provisions) Act 1976, but only if there is imminent danger of the tree causing damage to people or property.

If the branches of the tree are overhanging your boundary then that constitutes trespass and you can cut the branches back, providing that you do not damage the tree and offer to return the cut branches to the neighbour. 

There is no right to receive light to a garden, but if the tree is blocking light to your property’s windows – and the windows have been in the same position for at least 20 years – you may have a ‘right to light’ claim that could force the neighbour to cut back the tree.

If the tree has not been trimmed that could cause the roots of the tree to expand and if these roots cross the boundary line then you may have a claim in nuisance against the neighbour. 

Again, this could result in the tree being trimmed.

I note that you live in a semi-detached property. 

It would be worthwhile checking the deeds to both properties. 

There may be restrictive covenants that govern what the property owners are allowed to do. 

For example, there may be a clause to say that that your neighbour’s trees must not grow above a certain height. 

There may be a broader clause to prevent them for doing or allowing to happen anything on their property that would be an annoyance or nuisance to you. 

You may be able to use such a provision in the deeds to force the neighbour to trim the tree.

Although the neighbour has reacted rudely, it could be that they would be willing to allow the tree to be trimmed if you offer to pay for the works to be done. Although this may seem unfair it could be the quickest and most cost-effective way of dealing with the issue and may even help to improve neighbourly relations.

Daniel de Frece, head arborist and owner of Silver Oak Arboriculture – Arb Association Approved and Trustmark Endorsed, says: The best and cheapest solution is to try to talk to your neighbour again. 

If that doesn’t work, write a polite letter explaining the issue and how it affects your enjoyment of your garden. 

Get an arborist, preferably one endorsed by the Arboricultural Association, to give you an approximate cost. 

They can also check if the tree has a Tree Preservation Order, which would affect how the tree can be dealt with.

The next option is to offer to cover or share the costs, this can often help persuade your neighbour to agree. While not ideal, we have found this is usually the most effective method.