Everybody needs good neighbours, but what can be done if someone refuses to be neighbourly?

Recent news reports that F1 driver Lewis Hamilton has upset his neighbours over plans to chop down mature trees at his residence in London, which is located within a conservation area, has brought the subject of good neighbours to the fore.

For the most part, neighbours are understanding when garden maintenance is needed, but what happens when a neighbour’s plant is growing across onto your property? And what can be done if a neighbour’s tree is blocking the light into your garden?

Hannah Jones, from DAS Law has the answers to those all-important questions.

Can you cut down branches that overhang into your garden?

The simple answer is yes, however there are a few important points to consider before you start cutting. It is always best to speak with a neighbour and ask them to take action or let them know you plan on cutting the branches that are overhanging into your garden.

If you are cutting any branches, then simply cut them to the boundary line ensuring that it will not kill the tree/foliage as this will otherwise put you at risk of liability for property damage. It is advisable to inform a neighbour that you plan to place the branches carefully back on their land as this is still their property. If you intend to dispose of them, then it is advisable you have your neighbour’s prior consent before doing so.

It is always worth considering whether there is a Tree Preservation Order on any particular trees as this can prohibit activities that can be carried out. However in cases where a neighbour’s tree is causing damage to your property, there could be a remedy to this provided the local planning department have given their prior agreement for you or your neighbour to take action.

Whose responsibility is it to repair or replace an adjoining fence?

Initially it is best to look at property deeds to assess whether it is clear who is obliged to fix a broken fence. In most cases deeds can be found through the Land Registry.

If the deeds are unclear, it may be necessary to consider whether a precedent has been set where one party has normally repaired the fence. If so, arguably you could ask that they take steps to fix it again.  It is also possible for neighbours to agree between themselves who will fix a fence and how this would be done.

Alternatively, if there is no possibility of reaching an agreement, you may wish to appoint a joint chartered surveyor with your neighbour to allow this expert to confirm which neighbour should have the responsibility of the fence maintenance.

What if a neighbour refuses to maintain the fence?

If it’s a neighbour’s obligation to fix a fence and they aren’t willing to do so, it may be necessary to put your concerns in writing to them asking them to take action or to try and reach an agreement with them.

If this is unsuccessful it may be necessary to take legal advice on the matter, although you will be unable to force a neighbour to maintain their fence unless it is causing damage or a nuisance to you or is trespassing on your property.

Do you have a right to light if a neighbour’s tree blocks the sunlight to your garden?

A right of light is an easement to enjoy the natural light that passes over someone else’s land, and then enters through defined apertures in a building (such as windows and glass roofs). Once established, this right of light is an entitlement to receive sufficient natural light for the ordinary purpose of the room or space in question. Generally, this right to light does not extend you your garden.

However, it is not sufficient to confirm there has been a net loss of light. To enforce a right of light there will need to a nuisance. To establish a nuisance, you must prove that the property has been made substantially less comfortable and convenient than before due to the reduction in light.

Does your neighbour have a duty to control harmful weeds and invasive plant species which are affecting your garden?

A neighbour does have a duty to prevent the spreading of harmful and invasive plant species (such as Japanese Knotweed). If a neighbour fails to take preventative steps there may be potential claims that can be taken against them. Legal advice would need to be taken on these claims.

There are also avenues to make complaints about a neighbour’s failings, potential prosecutions that they may face and guidance as to how they should control or remove certain species.  There are dedicated government websites that offer guidance on prevention of harmful weeds and how to deal with invasive non-native plants spreading.

General advice

We would always advise diplomacy when dealing with people who live near you; seeking legal guidance for your exact circumstances can give clarity to the situation. Legal expenses insurance sold as an add-on to or as part of your home insurance may provide cover for legal disputes with neighbours and often come with access to a legal advice helpline.