Disputes between neighbours often arise due to trees: they might be overhanging or their roots causing subsidence and structural damage.

Overhanging trees

It is very common for trees from one property to overhang another. The courts encourage parties to try to agree matters where possible to prevent even the potential of a future dispute.

As a matter of law, however, a party can lop overhanging trees where the branches of the tree belonging to one neighbour overhang their property. You may cut off those parts which overhang without prior agreement, provided you do not trespass on your neighbour's land. 

However, you are not entitled to lop a neighbour's trees as a precautionary measure, before it overgrows your land.

As a matter of law encroaching roots are treated in the same way.

Subsidence

Trees can take all the moisture out of soil, causing soil 'desiccation'.

This can be a serious problem for many houses, as it can lead to subsidence, with the property having its foundations taken from underneath it.

It is most common with adolescent trees, which can take around 2,000 litres of water from the soil every day during the summer. This is why subsidence is often first noticed by homeowners during the summer months.  Properties do not have to be located close to a tree to have its stability affected in this way. Often, tree roots can extend as far as the height of the tree itself. 

Subsidence matters are particularly difficult to prove. Experts have to take a number of readings and prepare very expensive reports to show that:

• subsidence has occurred
• a particular tree is responsible

The homeowner may then be able to bring an action against the owner of that tree (often a local authority) for failing to control the trees growth and thus causing damage to the owner's property.

Signs to look for

The best way to investigate whether your property has been affected by subsidence is to instruct a surveyor. 

Particular signs to look for include:

• signs that the land has lowered – this may be evidenced by soil around structures having lowered. For example, manhole covers may protrude above the soil as may paths or walls
• cracks in walls where the crack is visible on both sides of the wall may indicate a problem. Cracks are not an automatic indicator of subsidence, however, and plaster may crack for a variety of reasons.

If you have trees close to your property and are concerned about subsidence, it is probably  prudent to write to the owner of the tree requesting that works be undertaken in order to protect your property.

Access to neighbouring land

Homeowners now have a number of new rights in order to protect their property.

One is The Access to the Neighbouring Land Act, which allows homeowners the right to access a neighbour's property in order to undertake maintenance. It is always best to try and agree these matters first, but this is not always possible.

If it is not possible to reach an agreement the 'Access to Neighbouring Land Act' allows a party to make a court application to enter a neighbouring property so that the applicant can undertake essential maintenance.

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