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Avoid disturbing the roots of your neighbor's tree, particularly when they extend into your garden. Revere the boundaries and let nature flourish.

Neighbor's tree roots intruding your garden: Understand your rights and the restrictions for taking action

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3 min read
Avoid tampering with the roots of your neighbor's tree, even if they encroach upon your garden's...
Avoid tampering with the roots of your neighbor's tree, even if they encroach upon your garden's perimeter.

Avoid disturbing the roots of your neighbor's tree, particularly when they extend into your garden. Revere the boundaries and let nature flourish.

In the world of horticulture and landscaping, dealing with encroaching tree roots from a neighbour's property can be a delicate matter. Here's a comprehensive guide on how to navigate this situation, focusing on key precautions, recommended steps, and legal considerations.

Simon Rotheram, the founder and managing director of Beechwood Trees & Landscapes, brings over 25 years of hands-on experience and qualifications to the table. His expertise is invaluable when it comes to tree care and management.

On the legal front, Jack Bassett, a consultant litigation solicitor at Setfords, specialises in property and commercial disputes. With a focus on neighbour boundary issues, nuisance claims, and litigation involving land and property rights, Jack offers pragmatic and cost-effective solutions for clients ranging from homeowners to property developers.

When it comes to pruning a neighbour's tree roots that encroach onto your property, it's crucial to follow the general legal guideline. You may trim roots extending onto your land, but only up to the property line and from your own property without entering your neighbour’s land. This trimming must not harm the overall health or structural stability of the tree.

Key precautions and recommended steps include:

  1. Identify the property line clearly. Preferably with a professional boundary survey to confirm where your property ends and the neighbour's begins.
  2. Notify your neighbour in writing about the encroachment issue before you prune anything. Attempt an informal resolution to maintain good relations.
  3. Stay solely on your property while pruning and trim only encroaching roots or branches that cross the boundary—not anything on your neighbour’s side.
  4. Avoid actions that might harm the tree’s health or cause instability. Pruning major roots can damage or destabilize the tree and may lead to liability for tree removal or damages.
  5. If necessary, consult a certified arborist or tree specialist for safe, legal pruning practices.
  6. If disputes arise or the problem persists, seek legal counsel before taking further action. Some local laws or "timber trespass" statutes may impose penalties if you cut beyond your property line or harm the tree.
  7. For safety or local code violations related to the tree, you may also contact municipal authorities as an alternative to private action.

It's essential to remember that pruning the roots of a tree can potentially damage the tree. Cutting roots can reduce a tree's access to water and nutrients, increasing stress and making it more vulnerable to disease.

Moreover, you are not allowed to prune beyond your boundary when dealing with a neighbour's tree roots. If your actions regarding a neighbour's tree roots result in a claim against you or a large fine, it could have expensive and unpleasant consequences.

In addition, if a tree has a Tree Preservation Order (TPO), any work (including root pruning) requires written permission from the local authority. Failing to get approval can be a criminal offence. Trees in designated conservation areas are automatically protected, and you'll still need to notify the council even if the tree doesn't have a TPO.

Lastly, it's strongly advisable to consult a qualified arboriculturist before touching any tree roots. Disturbing nesting birds, bats, or protected species (and their habitats) during root cutting is illegal under the Wildlife and Countryside Act 1981. Cutting structural roots can compromise the stability of a tree, especially during storms.

By following these guidelines, you can minimise legal risk, protect the tree’s health, and preserve neighbourly relations when dealing with invasive tree roots.

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