It pays to keep your Trees under Control

Trees are a much-loved and vital part of our landscape. They not only provide us with a pleasing vista that draws the eye, but they offer a functional value too - in their various guises trees absorb road noise, encourage wildlife into our towns and cities, and help to protect our planet by reducing the level of atmospheric carbon dioxide. You could almost say that these leafy towers are the ultimate multitaskers – keeping our lives and the planet in check while looking serene and calm in the process!

 

But for all the good that trees bring into our lives, for some property owners they can be their worst nightmare. All it takes is for one tree to be planted too close to a building, or to be allowed to grow unchecked and – BHAM…an instant problem is yours as roots tangle with your property’s foundations or cause the ground around the building to subside. It is stressful and costly to correct – and what’s worse, the damage could be caused by a tree that you don't even own!

Trees and the law

The courts are littered with cases involving disputes over neighbouring trees. Property owners have taken each other to court, and have even taken their local councils to court - all because the owner of the tree failed to keep it under control.

 

In the eyes of the law tree problems either amount to trespass or nuisance.

 

Trespass tends to apply to any direct action that impedes upon a neighbour's land or property - overhanging branches and tree roots being prime examples. If the owner of a tree allows a tree's branches to hang over their property boundary then, by law, those branches are trespassing on the neighbouring property's airspace. The property owner who is suffering the trespass can cut back the tree to the boundary without seeking the permission of the tree's owner, so long as the lopped branches (and any fruit) are returned. However, it is strongly advisable to first communicate your intent to your neighbour to avoid any bad feelings!

 

Nuisance is defined as an indirect effect - a consequence that, in this instance, can be traced back to an offending tree. For properties in clay soil areas it is quite common for nearby trees to soak up ground moisture in the summer months to the extent that the soil shrinks in volume. This can cause subsidence and can weaken a building's foundations.

 

Sometimes, the situation can become so severe that the property's owner will need to have the foundations underpinned. If the tree is on a neighbour's property and no compromise agreement is reached, the complainant is perfectly within their rights to sue the tree's owner and claim for the cost of underpinning the foundations. If taken to court, the law will most likely interpret the charge as 'nuisance', even if the roots physically trespass under the complainant's land.

 

Trespassing tree roots

 

Trespassing tree roots that cause direct damage by way of blocking drains, rupturing paving slabs and interfering with a property's foundations are a serious problem for both tree owners and neighbours alike. The main issue is that, for property owners, the extent of a tree's roots underground cannot normally be seen. This makes it difficult to monitor their growth and reach. In some cases it might only be when actual damage is caused to the property that the size of the root system becomes apparent.

 

For neighbours who are worried about tree roots trespassing onto their land and under their properties they have the right to chop the roots along their boundary - even if the tree dies as a result. However, great care should be taken to ensure that the tree does not become dangerous or unstable in the process - and the local council may need to be consulted if the tree is in a conservation area, or if it is protected by a tree preservation order (TPO).

 

Before taking action it is therefore best to talk to your neighbour and, if possible, come to a friendly agreement on what should be done to head off the problem. To help you assess the impact of cutting through the tree's roots you should also consider enlisting the help of a professional tree surgeon,also known as an Arboricultural Consultant. If your neighbour is uncooperative, or if damage has already been caused by trespassing tree roots, you might want to get your solicitor involved.