Based on Sarah Dodd’s expert comment for The Sunday Times Home Help column.
Tree disputes between neighbours often start with something small: overhanging branches, roots lifting paving, leaves in gutters, or a gate that no longer opens properly.
But sometimes the dispute escalates. A neighbour may arrange for works to be carried out to a tree without the owner’s consent. In some cases, the tree is cut back severely. In others, it is removed altogether.
So what happens if your neighbour has your tree cut down without permission?
The right to cut back roots and branches
A neighbouring landowner generally has a common law right to cut back branches or roots that encroach across the boundary onto their land.
That right is often misunderstood.
It does not mean that a neighbour can simply do whatever they like to your tree. The right is limited to works on their side of the boundary. It should also be exercised reasonably. If the work goes too far and damages the health or stability of the tree, that may give rise to a claim.
Where tree roots have caused direct damage, such as lifting paving or interfering with a gate, the neighbour may be entitled to abate the nuisance by cutting back the roots. However, that does not automatically justify cutting down the whole tree.
Large root pruning can also be risky. Roots are essential to a tree’s health and stability. Removing substantial roots can leave a tree in decline or make it unstable. In practical terms, works to significant roots should usually be considered with arboricultural advice.
Entering someone else’s land to remove a tree
The more serious issue arises where a neighbour or their contractor enters someone else’s land and removes a tree without permission.
That is not the same as cutting back encroaching roots or branches from their own side of the boundary. Entering another person’s property and removing their tree may amount to trespass. It may also give rise to a civil claim for compensation for the loss of the tree.
The value of that claim will depend on the circumstances. Relevant factors may include:
- the size, species, age and condition of the tree
- whether the tree had amenity value
- whether the tree provided screening, shade or privacy
- whether there was any ongoing nuisance caused by the tree
- whether the tree was already in poor health or structurally compromised
- whether previous root cutting had contributed to the tree’s decline
This is why evidence matters. A tree owner will usually need documents, photographs, arboricultural evidence and any correspondence showing how and why the tree was removed.
What if the tree was removed while the property was rented out?
The position can become more complicated where the property was occupied by tenants or managed by a letting agent at the time.
It may be necessary to look at the tenancy agreement and any management agreement to understand who had authority to consent to works in the garden. If a tenant or managing agent allowed works to take place without authority, that could create a separate issue.
In many cases, however, the key question remains: who instructed the tree surgeon, what permission did they have, and did they enter the land lawfully?
Could it be a criminal offence?
If the tree was protected by a Tree Preservation Order, or stood within a conservation area, different rules may apply.
Unauthorised works to a protected tree can amount to a criminal offence. Importantly, the offence may be committed by the person who carries out the work or causes it to be carried out. That will not necessarily be the owner of the tree.
Anyone in this situation should check with the local planning authority whether the tree was protected. If it was, and consent was not granted, the matter should be raised with the tree officer.
What should you do if your tree has been removed?
If your neighbour has had your tree cut down without your consent, you should act promptly.
First, gather the evidence. Keep photographs, invoices, messages, emails and any details of the contractor involved. If the tree has already been removed, photographs from before the works may be particularly important.
Second, check whether the tree was protected by a Tree Preservation Order or within a conservation area.
Third, consider obtaining arboricultural advice. An arborist may be able to comment on the likely condition of the tree, whether previous root works may have affected it, and what value or amenity the tree had.
Finally, take legal advice before entering into extended correspondence with the neighbour or contractor. These disputes can quickly become emotional, but the legal position will depend heavily on the facts.
The key point
A neighbour may have the right to deal with encroaching roots or branches on their own side of the boundary, but that is very different from entering someone else’s property and removing a tree.
Tree removal without permission can give rise to a civil claim and, where the tree is protected, may also involve the local planning authority.
At Tree Law, we regularly advise on disputes involving tree damage, unauthorised tree works, boundary issues and protected trees. If a tree has been damaged or removed without consent, early advice can help establish what happened, preserve the evidence and identify the right route forward.
