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Trees, leaves and overhanging branches: the root of many disputes

View profile for Kimberley Knapper
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Do you require a licence to fell trees?

Disputes between neighbours can arise from benign issues, the most common involving trees. Whether it is overhanging branches blocking sunlight, leaves clogging up gutters or roots creeping across property lines, trees have a way of blurring boundaries both physically and legally.

One of the most common and immediate causes of conflict amongst neighbour disputes is tree branches stretching into neighbouring land, blocking sunlight and views or even dropping leaves and debris onto your property. Although homeowners are legally allowed to cut back branches that extend into their airspace, as long as it does not harm the tree, doing so can put a strain on the relationship between neighbours.

Leaves may seem harmless to many, but leaves can cause major neighbour disputes; clogged up gutters, slippery pathways and general annoyance can frustrate homeowners. Although trees may be located on your neighbour’s property, you are often left with the clean up of these fallen leaves. However, should you let this natural and inevitable occurrence cause a major neighbour dispute?

Unlike overhanging branches and fallen leaves, roots create damage out of sight, growing underneath driveways, patios and even foundations of houses. These roots can invade pipes and disrupt the stability of structures, leading to expensive and extensive property damage.

Roots are harder to manage and maintain without harming the whole tree and proving responsibility can be difficult, as roots spread underground.

Understanding your rights and responsibilities as a tree owner – or as someone affected by their neighbour’s tree – can help prevent misunderstanding and neighbour disputes. Resolving these disputes often involves open communication as it is always best to try and avoid a lengthy and difficulty legal dispute, as your neighbour may not be aware of the issue regarding their tree. We always recommend that you try to engage in an open discussion in order to reach an amicable solution with your neighbour first.

If a discussion is not possible, we would recommend taking some practical steps before taking legal action, such as cleaning out those gutters or picking up those fallen leaves. We shouldn’t let fallen leaves and overhanging trees uproot our neighbourly relations.

Don’t let trees sway in the way! Contact us today on 0161 696 6178 to speak with one of our specialists.

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