Nuisance Neighbour’s Trees Can Be a Problem If Not Dealt With Carefully

When problems arise with trees, either your own or those of your neighbour, it is best for everybody if the issue can be resolved amicably. If not, then you should seek the benefit of expert advice before proceeding.

If an issue relating to trees on adjoining properties, or in a public space, cannot be resolved by simply talking about it, then a chat with a professional tree inspector may be the best next step towards evaluating the risks and understanding your rights and responsibilities.

Disputes arise when two or more parties hold conflicting opinions as to how an issue should be resolved, or possibly even as to whether an issue actually exists at all. If an issue relating to trees cannot be resolved amicably, then similar to other issues in life, it may end up in court. Before going down that road it is worth considering some facts of life about the legal process that may or may not work in your favour, and whether other avenues of conflict resolution such as mediation or arbitration might be a better approach.

Legal Disputes Are Expensive

Taking the legal route is nearly always best avoided. As the saying goes ‘it’s not a case of who wins in court, it’s usually a case of who gets hurt the least’, and even though you may feel you have right on your side, court decisions in relation to trees can be unpredictable. If a court attendance is the only avenue open to resolving a tree dispute, it is vital that you as a single party has tried your very best to resolve the conflict before you resorted to the courts. Read more about trees and legal disputes here.

You Have A Duty of Care to the People Around You

People plant trees, in particular on boundaries, and then forget about them. This can sometimes result in their having a negative effect on neighbours. It can impact light reduction, and depending on the species, have a detrimental effect through its expanding root-systems on water mains, gas, sewage, footings, and foundations, to name but a few. At worst, trees and vegetation may encroach on to a public highway and become a Health & Safety issue. See the 1992 Road Traffic Act. Also, you can read more about the risk assessment of trees here.

The Courts Will Expect You To Act in a Reasonable Manner

A property can be purchased with trees already well established. The new owners may believe that as the trees stand, there is no issue as to the impact they might have on other people. A property purchase is an expensive undertaking and if past experience is anything to go by, money is thought to be better spent on other things rather than addressing trees and the problems they might cause to other people. Telling the Judge that your budget was restricted and or that you were totally unaware of the problems that the trees posed when your neighbour approached you with their concerns, will be of no relevance. Again, it will come down to a duty of care and that is normally how Courts deal with these issues.

Mediation or arbitration can result in a win-win situation for a small cost

Talking before you end up in Court makes complete sense even when both parties may not be on speaking terms. I have conducted such mediation in the past and invariably the majority of these interventions avoided a Court appearance and as a result a compromise was arrived at. Mediation is always better for a long term solution and leaves a far less sour taste than a Court appearance where one party (or both) may feel that they have been harshly judged.