Everybody needs good neighbours. But what can be done if someone refuses to be neighbourly?

4th May 2021

Britain has seen huge rise in number of people turning gardening as hobby since the beginning of the pandemic and lockdown last year. During this particular time of the year, with a rise in temperatures and sunny weather, people are heading out into their gardens to do some annual pruning.

For the most part, basic garden maintenance is rather straightforward; trim the hedges and shrubs, mow the lawn, and get the chairs out of the shed.

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?

Simon Roberts, Senior Associate Solicitor from DAS Law, answers those important questions…

Can you cut down branches that overhang into your garden?

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

If you are cutting the branches back then simply cut them to the boundary line ensuring that it will not kill the tree/foliage. It is advisable to inform a neighbour that you either plan to place the branches carefully back on their land or to dispose of them.

It is always worth considering whether there is a Tree Preservation Order on particular trees, as this can prohibit some activities that can be carried out. A local planning department should be able to help with this.

Whose responsibility is it to repair or replace an adjoining broken 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 deeds are unclear then it may be necessary to consider whether a precedent has been set where one party has normally fixed 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.

What if they refuse to maintain the fence?

If it’s a neighbour’s obligation to fix a fence and they aren’t willing to do this 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 the above is unsuccessful it may be necessary to take legal advice on the matter. In general, unless the damaged fence is causing damage or a nuisance to you, or is trespassing on your property, you will be unable to force your neighbour to maintain the fence.

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

There is generally no right to light in a garden, however if the tree is overhanging into your garden, you can take reasonable steps to remove branches back to the boundary line as discussed above.

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

There is no obligation on a neighbour to treat or remove them from their garden, however they do have a duty to prevent the spreading of harmful and invasive plant species to avoid them becoming a nuisance to neighbouring land. If a neighbour fails to take preventative steps and the weeds and plants become a nuisance, there may be potential claims that can be taken against them. Legal advice would need to be taken on these claims.

Certain prohibited species of plants require a licence to be able to grow them. If you believe that your neighbour may be growing something prohibited, it is recommended that you take expert advice on the situation.

General advice

We would always advise diplomacy when dealing with people who live next to you. This is especially important if you are considering selling your property at any point, because you would need to disclose any disputes with neighbours.

If diplomacy does not resolve the situation then 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 comes with access to a legal advice helpline.

About DAS Householdlaw

DAS Householdlaw can help policyholders create a range of documents such as ready-to-sign contracts (with built in e-signature functionality), agreements, policies and letters.

Customers can also access guidance on a wide range of legal matters such wills and probate, consumer rights, property lettings, divorce, contesting parking tickets, holiday and flight compensation, neighbour disputes and identity theft & fraud.

How to register

  • Visit dashouseholdlaw.co.uk
  • Enter the voucher code found in your policy documentation into the ‘First time using DAS Householdlaw?’ box and click ‘Validate Voucher.
  • Fill out your name, email address and create a password, and then validate the confirmation email sent out.

Disclaimer: This information is for general guidance regarding rights and responsibilities and is not formal legal advice as no lawyer-client relationship has been created. Note that the information was accurate at the time of publication but laws may have since changed.

Simon Roberts

Senior Associate, Solicitor

Learn more
Property boundaries – how disputes can tip neighbours over the edge

When it comes property boundaries and pruning hedges, neighbourly niggles can occur.

May 2020 Learn more
What can you do when a flatmate turns into flat hate?

How to deal with housemate drama? Nicole Rogers, legal adviser at DAS Law, tells prospective flatmates what they need to know.

September 2019 Learn more

Read more from the DAS Law blog

Property disputes What to do if your neighbour’s Bonfire Night party causes a nuisance

Grace Dutton sheds light on the laws surrounding Bonfire Night and private firework displays.

November 2023
General advice , Property disputes How far you can legally go to stop someone from playing a trick on you this Halloween

Halloween is generally a ‘spooktacular’ time for all but a few bad apples can spoil the fun. So what can you do if someone chooses to play a trick and damages your property?

October 2023
Property disputes How to ensure your relationship with your neighbours doesn’t become hot and bothered

Sahib Ullah Raj from DAS Law explores the various disputes between neighbours and explains the legal options available.

September 2023
Property disputes Don’t let your private hedge be a hazard to public footpaths

Charlotte Ellis at DAS Law explains how to stay on the “right side of the law” and avoid being a nuisance when it comes to your garden or driveway.

May 2023
Property disputes Airbnb and holiday lettings: What to do with the staycation boom

Bethan Mack, a solicitor at DAS Law, answers the most important questions for existing Airbnb hosts and those thinking of renting out their properties.

April 2023
Property disputes Renting Homes (Wales) Act – What do landlords need to know

The Renting Homes (Wales) Act amendments simplifies how you rent properties. Here are the key changes for landlords.

January 2023
Property disputes Building Safety Act 2022 – Who is responsible for ensuring new properties are safe?

What are the legal responsibilities of constructors and owners under the Defective Premises Act 1972? Who else can be held responsible? Corey Evans, Paralegal at DAS Law, has the answers.

August 2022
Property disputes Renting to friends and family – make sure you’re still friends by the end of the tenancy

Tom Pertaia, Associate at DAS Law, offers guidance on the issues and questions landlords should consider when renting to friends and family.

August 2022
Property disputes Section 21 notices - what the end of “no-fault evictions” could mean

The Renter’s Reform Bill was proposed to improve protection for private renters in England, including the ending of section 21 notices.

June 2022
Property disputes Struggling to pay your rent? Here’s what you need to know

The eviction ban in England and Wales has now been extended further; landlords are not able to legally enforce an eviction order until after these bans have ended.

July 2021
General advice , Property disputes Everybody needs good neighbours. But what can be done if someone refuses to be neighbourly?

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?

May 2021
Property disputes Landlords – what you need to know about increasing your tenant's deposit

It’s hardly surprising that landlords are considering increasing deposits to reduce their Covid-19 risk. Nevertheless, the Tenant Fee Act limits what you can do with deposits so, as a landlord, what are your options?

February 2021
Property disputes Rent guarantors – what landlords need to know

With landlords increasingly worried about securing their rent income during Covid-19 is requesting a guarantor the answer? Saiful Ahmed, Legal Adviser at DAS Law, tells you what you need to know.

February 2021