Tree and Vegetation Disputes

Trees growing directly on a property boundary are typically owned jointly by both neighbours, meaning both parties have rights and responsibilities regarding the tree. Neither neighbour can cut down, remove, or work on the tree without the other's consent. If the tree needs to be removed due to disease or danger, both owners must agree. If one neighbour refuses, the other may need to seek legal action. For trees that are clearly on one side of the boundary, the owner of that property owns the tree and is responsible for its maintenance. Determining ownership may require a survey if the boundary is unclear.

A neighbour cannot generally demand removal of a tree simply because they dislike it. However, they may have grounds to request removal if the tree is causing actual damage such as roots damaging foundations or branches damaging structures, if the tree poses a safety risk such as being dead, diseased, or unstable, if the tree is blocking light significantly and affecting the neighbour's enjoyment of their property under rights to light legislation, or if the tree is subject to a tree preservation order and the neighbour believes it should be removed for valid reasons. In most cases, the tree owner is not legally obligated to remove a tree unless it is proven to be a nuisance or hazard.

If branches from a neighbour's tree overhang your property, you generally have the right to cut them back to the boundary line. This is known as the right of abatement. However, you must not enter your neighbour's property to do the work without permission, you must not cut beyond the boundary line, you must offer to return the cuttings to the tree owner, and you must not cause unnecessary damage to the tree. If the tree is protected by a tree preservation order or is in a conservation area, you may need permission from the local authority before pruning. It is generally advisable to discuss the issue with your neighbour before taking action.

The tree owner is generally liable for damage caused by their tree if they were negligent in maintaining it. Liability may arise if the tree was obviously dead, diseased, or unstable and the owner failed to take reasonable action, if the owner ignored warnings about the tree's condition, or if the owner failed to maintain the tree properly. However, tree owners are not automatically liable for all damage. If the tree was healthy and the damage was caused by an unforeseeable event such as a severe storm, the owner may not be liable. The specific liability depends on the circumstances, local laws, and whether the owner took reasonable care of the tree.