Neighbour Disputes

General

The law on hosepipe bans

Dealing with a neglected neighbouring garden 

Accessing neighbouring land for the purpose of pruning hedges 

Restrictions on lighting bonfires in gardens 

Restrictions on the use of pesticides by gardeners

Bringing back plants and seeds from holiday

Allotments and the law

Noise nuisance from neighbours

Keeping chickens in a garden

Garden ponds and the law

Trees

Tree preservation orders

Removal of overhanging branches 

Removal of encroaching tree roots

Liability for damage resulting from tree roots

Removal of nests

Trees blocking out light to a garden  

Fences

Construction of encroaching fences

Ownership of fences 

Planning permission

Planning permission for garden walls

Planning permission for greenhouses

Trees blocking out light to a garden

There is no automatic right to light over a garden, although in certain circumstances it may be possible to acquire a right to light to a building, including a greenhouse.

Sometimes the title documents (the deeds) relating to a property will contain a right to light, although any such rights are generally confined to buildings. If the title documents do contain such a right and the right is interfered with it may be possible to enforce the right by way of bringing proceedings through the Civil Courts.

Title documents also sometimes contain covenants restricting, for example, the planting of trees. If such a covenant is breached an action for breach of covenant may be pursued through the Civil Courts.

If a tree is over the height of 2 metres it may be possible to seek redress under the Trees and High Hedges Act 2005.

When does the Trees and High Hedges Act 2005 apply?

The Trees and High Hedges Act 2005 applies:

• where there are 2 or more trees or shrubs over 2 metres high above ground level and which act as a barrier to light; and

• where the reasonable enjoyment of part or all of a property, including a garden or part of a garden, is being adversely affected by a tree or high hedge that is situated on neighbouring land; and

• where the land which is being adversely affected is a domestic property.

The Act applies to owners and occupiers (for example, tenants).

How does the Trees and High Hedges Act 2005 deal with problems relating to high trees and hedges?

The Act provides a mechanism for dealing with problems with high hedges and trees.

The owner or occupier of the land which is being adversely affected is expected, in the first instance, to take reasonable steps to try and resolve the matter with their neighbour. If a resolution of the problem cannot be reached the owner or occupier of the land which is being adversely affected may make a complaint to the Department for Communities and Local Government who has the power to serve a remedial notice on the owner or occupier of the neighbouring land. A fee is payable upon the making of such a complaint.

The Department for Communities and Local Government will generally not proceed with a complaint if it is of the view that:

• the owner or occupier of the land which is being adversely affected has not taken all reasonable steps to resolve the issue with their neighbour; or

• the complaint is petty or the purpose of the complaint is simply to cause problems for the owner or occupier of the neighbouring land.

If the Department for Communities and Local Government decides to proceed with a complaint it will decide whether the tree or high hedge is adversely affecting the reasonable enjoyment of the complainant’s property. The Department for Communities and Local Government will normally visit the applicant’s property before making a decision. It may also visit the neighbouring property and has the power to enter onto a neighbouring property for this purpose as long as it gives 24 hours notice to the occupier of the neighbouring property.

The Department for Communities and Local Government will consider the effect the tree or hedge has on the complainant’s property and what effect a reduction in height of the tree or hedge will have on the privacy of occupants of the neighbouring property.

If the complaint relates to a tree or trees the Department for Communities and Local Government will consult with the Department for Environment, Food and Rural Affairs as to the extent to which the tree or trees contribute to the amenity of the neighbourhood.

The Department for Communities and Local Government will also consider whether the tree or trees is subject to a tree preservation order or situated in a conservation area. The Department for Communities and Local Government can still require action to be taken in relation to trees subject to a tree preservation order or situated in a conservation area and any work required by a remedial notice will override the protection afforded by any tree preservation order.

If the Department for Communities and Local Government is satisfied that tree or hedge is adversely affecting the reasonable enjoyment of the complainant’s property it will issue a remedial notice. The remedial notice will be sent to the occupier of the neighbouring land, to the complainant and, in some cases, to the Department for Environment, Food and Rural Affairs.

A remedial notice will state the name of the complainant, will identify the tree(s) or hedge to which the complaint relates, will confirm that the Department for Communities and Local Government has decided that the height of the tree(s) or hedge is adversely affecting the reasonable enjoyment of the complainant’s property and will explain its reasons for this decision. A remedial notice will also explain what action needs to be taken by occupier of the neighbouring land and by when. It may also set out what action needs to be taken in the future in order to prevent a recurrence of the problem. The remedial notice will also explain the consequences of failing to comply with the notice.

Failure to comply with a remedial notice is a criminal offence and a person found guilty of such an offence may be fined and/ or ordered by the Court to take steps specified in a remedial notice by a certain date.

Where a person fails to comply with a remedial notice the Department for Communities and Local Government has the power to take the required action itself and can recover its costs relating to such action from the occupier of the neighbouring land. Before taking any such action the Department for Communities and Local Government is required to give the occupier of the neighbouring land at least 7 days notice of its intention to carry out such action. It is a criminal offence to wilfully obstruct any remedial action taken by Department for Communities and Local Government and a person found guilty of such an offence can be fined.

If the Department for Communities and Local Government decides that no action needs to be taken it will notify both the complainant and the occupier of the neighbouring land and will provide reasons as to why it does not consider any action to be necessary.

In certain circumstances it may be possible to appeal a decision of the Department for Communities and Local Government.

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