Tree dispute or high hedge dispute between you and your neighbour? Hanging tree branches or roots too close to your house?
We have a wealth of experience in handling tree disputes and high hedge disputes, and offer informed, impartial advice. We can work with you as the property owner, and/or work with your solicitor to help resolve your issue.
Tree disputes: case law examples
Here are a few examples of case laws and how they relate to tree disputes.
- Lemmon v Webb (1895)
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.
High hedge disputes
We are also able to deal with high hedge complaints. Following guidance under the Anti Social Behaviour Act 2003, we can help resolve issues by acting as an intermediary between you and the hedge owner. We can also appeal to the local authority on your behalf.
Read a case study about when we helped one of our clients settle a high hedge dispute.
Why choose us?
More than 20 years’ experience of dealing with tree issues.
Clear, jargon free reports.
Clear process. We’ll send you a factsheet explaining the procedure so you’re not left wondering what happens next.
Fully insured, with Professional Indemnity Insurance to the value of £5 million.