Tree disputes: case law examples
Here are a few examples of case laws and how they relate to tree disputes.
This gives a neighbour the right to cut back overhanging branches without giving notice to the owner of the tree. However, they can only do so if branches can be reached without entering the neighbour’s land.
- Rylands v Fletcher (1868)
This states that property from one person’s land must not encroach onto a neighbour’s land. Although the original case focused on the escapement of water from one land to another, it can also be applied to tree branches and roots.
- Hunter v Canary Wharf Ltd (1997)
This outlines the terms of private nuisances and how they can be determined. It includes encroachment on a neighbour’s land, direct physical injury to a neighbour’s land and interference with a neighbour’s quiet enjoyment of his land.
- Berent v Family Mosaic Housing and London Borough of Islington (2009)
This relates to subsidence damage caused by a third party tree. It addresses how trees should be managed to ensure their roots do not cause damage to a neighbour’s property.
Tree disputes: how we can help
We are able to give advice on actionable nuisances such as those outlined in the examples above. We can also provide guidance on issues such as your rights when a neighbour refuses to remove a tree which may cause damage to your property.
As part of our service, we can carry out a full investigation of the problem. After visiting your property, we will produce an impartial, professional arboricultural report that can be used to strengthen your case. We are happy to act as a point of liaison with third parties such as solicitors. We can even represent you in court if necessary.