Issues Caused by Trees or Plants

Damage caused to your property by your neighbour's trees or plants

We are regularly asked for advice about what can be done if your neighbour’s plants are damaging your property. The general position is that a person is liable for any damage caused to another’s property by a plant growing from their land. However, there can be some unexpectedly complex issues arising from what seems like a straightforward principle and we believe that it is best practice to take legal advice on your specific circumstances as soon as you believe there may be a problem.

Overhanging trees/plants

There is a general principle that if a plant is overhanging or growing from your neighbour’s property over the boundary and onto your property then you should be entitled to trim or ‘abate’ that plant up to the boundary line. However we urge our clients to exercise extreme caution when doing so as if you should be wrong about the position of the boundary line or cause excessive damage/destruction of the tree or plants than you may expose yourself to a civil claim or even criminal charges such a ‘criminal damage’.

At DC Kaye & Co we are able to provide our clients with clear advice on their legal position in these circumstances and most abatement queries can be resolved quickly and amicably when handled with care.
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