My neighbour’s tree is damaging my garage, what can I do? Experts explain where you stand legally, and 3 immediate steps you need to take

If you’ve noticed that your neighbour’s tree is beginning to ruin the appearance or structural integrity of your outbuilding, you’re likely wondering how best to handle the situation.

Trees in neighbouring gardens can be beneficial for adding shade, privacy and depth to your own outdoor space, but that’s only if they don’t begin to encroach upon or disrupt your property. While minor nuisances like fallen leaves or windfall fruit from trees can be overlooked more easily, frustrations will naturally begin to grow when the tree is causing considerable damage.

If you’ve found yourself in this situation, it can be tricky to decipher exactly where you stand. So, we’ve asked legal experts to share their advice, as well as the exact steps you need to take. Here’s all you need to know.

What does the law say?

If your neighbour’s tree has caused damage to your garage or shed, you might be entitled to a legal claim. However, this largely depends on the extent of the damage and an exact breakdown of the events leading up to it.

‘Where you stand legally depends upon what has happened, including: the scale of the damage; the location of the tree; whether the neighbour was aware that the trees were likely to cause a hazard; and any other actions that have been taken,’ says Jill Carey, Litigation Partner at Freeths Property. Because of this, it is generally advised to seek legal advice relating specifically to your situation.

‘Specialist advice should be sought on the damage and the options to persuade or compel the neighbour to agree to take action,’ explains Jill. ‘The key will be whether your neighbour’s conduct, or lack thereof, was sufficient for them to have been negligent.’

However, there are some useful pointers to keep in mind about the law in general when deciding whether or not to seek legal advice. For instance, Adam Haffenden, Partner and Head of Dispute Resolution at TV Edwards, explains that ‘the law generally expects neighbours to act reasonably once they become aware that their tree is causing damage.’

‘If they fail to take appropriate action after being notified, they may become liable for losses resulting from the nuisance. However, much will depend on the facts, including whether the damage was foreseeable and whether reasonable steps could have been taken to prevent it,’ he adds.

And, if you notice that overhanging branches from your neighbour’s tree are encroaching onto your boundary, the law does permit you to trim them back in some cases. ‘If the tree is not protected by a TPO (or tree preservation order), which you would need to check with the local authority, you are permitted to trim any encroaching roots or branches back to the boundary,’ says Jill. However, you should always seek permission from your neighbour first before moving forward with any work.

‘If permission can be obtained to cut back the tree, you must ensure that this is done without trespassing over the boundary,’ adds Jill. This means that the law will not permit you to gain unauthorised access to your neighbours boundary, and it will not allow you to damage or attempt to cut down your neighbour’s tree.

And, if you gain permission and decide to prune your neighbour’s tree as a preventative measure, be sure to offer them the cuttings in return. ‘If the neighbour does not want them, then you must dispose of them safely,’ advises Jill. ‘Simply throwing them onto the neighbour’s property could constitute fly tipping or trespassing.’

Three immediate steps to take

While seeking legal advice might seem like the most obvious route if damage has been done to your garage, it’s often best to take a friendly approach to neighbourly disputes initially. ‘Neighbour disputes can become expensive and difficult to resolve, so early communication is often the most effective approach,’ explains Adam.

In fact, if you suspect your neighbour’s tree is causing damage to your garage, then these are the three vital steps that experts urge you to take immediately, before taking a legal approach.

1. Record the damage

‘Before you do anything else, it is essential to take photographs and videos to create a clear list of the damage,’ says Jill. This includes sourcing any old photographs that show the condition of the property prior to the damage caused by your neighbour’s tree.

Should you need to seek a legal claim later down the line, these photos will come in handy. ‘The stronger your evidence, the easier it will be to resolve the dispute or pursue a claim and an injunction, if necessary,’ explains Adam. Or, if nothing else, they will help you get your point across to your neighbour.

2. Speak to your neighbour

‘Start with a calm and constructive conversation, as many disputes can be resolved without formal action,’ suggests Adam. ‘Then, follow up the conversation in writing, explaining the damage and asking what steps they propose to take.’

‘This sort of issue should be resolved amicably if at all possible, as neighbour disputes can be very draining if they become litigious, and can affect your home life,’ agrees Jill. ‘If you have a good relationship with the neighbour, then an informal notification and request to resolve the issue may be sufficient. But, in any case, you should ensure that you have all the details of the damage and the tree readily to hand.’

3. Check your insurance

‘You should also check to see if you are covered by any insurance policy, as it will be important to deal with the claim from the outset as the insurer requires,’ says Jill. ‘If you do have insurance, and the damage is likely to be so substantial that remedial works will be required, then you should decide whether to submit a claim before doing anything yourself.’

In most cases, you should be able to solve disputes like this in an amicable manner, without involving legal parties or local authorities. However, if the steps above do not help resolve the matter, then your next steps should be to seek legal advice specific to your situation.

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