If a neighbour’s tree hangs over an adjoining property, you should firstly ask the owner of the offending tree to trim it back. However, if the owner is absent (or refuses to comply with the request) you have the right to trim the tree back to the boundary line although strictly speaking, any branches and/or fruit removed belong to the tree’s owner and should be offered back to the owner or disposed of with the owner's consent.

Overhanging trees can be a nuisance – particularly if they overhang a pathway or common space since they may present a danger to the public. For example, most parts of a yew tree are poisonous. If any damage or injury is caused, the tree owner will be liable to pay compensation if a person affected brings a claim for damages.

Dangerous trees

If the tree is dangerous, then the local authority will have certain powers to deal with it. Trees on private property which are on the point of causing damage can be reported to the council who can either:-

·                 make the tree safe - , if it is on the point of causing damage and are asked to do so by the owner of the land on which the tree stands. The local authority will recover the costs of doing this from the owner.

·                 make a tree safe on someone else’s land -, if asked to do so by a neighbour whose property is in imminent danger from the tree and the owner of the land on which the tree stands is not known

·                 serve a notice  - on someone who has a tree which is on the point of causing damage to the property of a neighbour and that neighbour asks the local authority to take action. The owner of the tree must comply with the notice. If they do not, the local authority will do the necessary work and recover the costs from the owner. The owner can appeal to the county court against the notice.

If you want the local authority to take action, you will need to find out which department deals with dangerous trees as this varies from one local authority to another. You can then ask this department to check out the tree and decide if the tree is at the point of causing damage. If they consider it's not at the point of causing damage, they don't have to take any action.

Roots

If the roots of a neighbour’s tree spread into a property, they can be removed using the least damaging method available, unless there is a tree preservation order on it. If a neighbour has to enter the tree owner’s property to do this, they must give reasonable notice.

The neighbour may also wish to consult their insurers, if there is a possibility that their property may be damaged by the roots. If the roots have already caused damage, the tree owner is liable to pay compensation but it must be shown that the tree owner knew, or ought to have known, of the danger.

Hedges

If a neighbour’s hedge is tall and blocks out light, the person affected by the nuisance can prune the roots or branches. However, you shouldn’t attempt to reduce the height of a hedge without first obtaining advice from a solicitor. Some hedgerows are protected by law.

In England and Wales you have the right to complain to the local authority if your property is affected by a neighbour’s evergreen or semi-evergreen hedge which is more than two metres high. This may result in your neighbour having to reduce the height of their hedge. You may wish to consult Hedgeline - an organisation which can give advice to victims of hedge nuisance in England and Wales. For more information visit www.hedgeline.org.

For more information on this topic, please visit the site store to order your SIGNED copy of Martin's book, 'Teach Yourself: Making Money From Property' available for just £9.99 plus P+P.

Alternatively join me and my team on one of my Special 3 day Property Training Weekends, when we'll teach you what you need to know to become successful as a property investor or developer - and help you avoid costly mistakes.