The homeowner wasn’t happy about their neighbour’s actions (stock image) (Image: Klaus Vedfelt via Getty Images)
Many people enjoy maintaining cordial relations with their neighbours, however numerous individuals also have issues with the people next door.
Regrettably, it was the latter for one homeowner, who claims their neighbour keeps cutting back their trees and has ‘ruined them’.
The property owner said they have “two beautiful oak trees” on their land close to the boundary line. “They’re about 30 years old and provide great shade,” the person wrote on the r/neighborsfromhell Reddit thread, adding: “Or they did until my neighbour took it upon himself to trim them.”
The individual, from the US, continued: “I came home from vacation last month to find both trees had been drastically cut back. Huge branches removed, weird asymmetrical shapes, just butchered. My neighbour Phil (50M) was in his yard and I immediately asked what happened.
“He said, ‘Oh yeah I trimmed those for you, they were hanging over my yard’. I was in shock. He CUT MY TREES without asking me! ! He said branches were dropping leaves in his pool so he ‘took care of it’.
“I called a arborist who came out and said the cuts were done incorrectly and may have permanently damaged the trees. One tree might not survive because too much was removed. The arborist bill for assessment and treatment is $800 (£589).”
The homeowner presented Phil with the invoice and requested he settle it, given that it was him who damaged the trees, however he declined and stated he was ‘doing them a favour’ by trimming the trees free of charge. The homeowner continued: “My lawyer said I can sue for the cost of the damaged trees which could be thousands since they’re mature trees. But Phil is saying if I sue him he’ll countersue for all the years of leaves that fell in his pool.”
They added: “Can he actually do that? His threat is making me hesitant to pursue legal action but these were my trees on my property that he destroyed!”
One person commented: “Tree law is very serious. Go ask for guidance there and get a lawyer.”
Whilst another stated: “Where I live, if the neighbours tree limbs over hang my property, I have the right to trim to the line.”
A third remarked: “He can trim anything that goes onto his side of the property, but, if his cutting the tree damages the health of tree he can be held liable.”
What are the laws regarding trees and property?
Under UK common law:
- A neighbour has the right to cut back branches or roots that encroach onto their property.
- They may only cut back to the boundary line.
- They must not enter your land without permission.
- They cannot cut beyond the boundary.
This is often called the right of “abatement of nuisance.”
They can be held responsible if:
- They cut beyond the boundary.
- They damage the structural integrity of the tree.
- Their pruning is excessive and causes the tree to die.
- They trespass onto your land.
If serious damage occurs, you could potentially claim:
- Cost of repair
- Replacement cost
- Diminution in property value
If the damage is intentional, it could even amount to criminal damage under the Criminal Damage Act 1971.
If the tree is protected by a Tree Preservation Order, your neighbour:
- Cannot cut it without permission from the local authority.
- May commit a criminal offence by doing so.
- TPOs are governed by the Town and Country Planning Act 1990.
If you live in a designated conservation area, permission may also be required before carrying out works.
- Dead
- Diseased
- Structurally unsafe
You (as the owner) have a duty of care to prevent foreseeable harm. If you ignore a known danger and it causes damage, you could be liable.
In the US, property and tree laws are mostly governed by state law, but there are some general principles that apply in most states.
Usually a neighbour can trim your tree if it extends onto their property, but only up to the property line. They can potentially be held legally responsible if they damage the tree.
In many states, damaging someone else’s tree can result in paying the cost of repair, as well as paying for reduced property value and replacement value. In some states, it can result in paying double or triple damages for wilful destruction.