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Every Monday we put your financial dilemmas or consumer disputes to industry experts. You can find out how to submit yours at the bottom of this post.

This week, a Sky News reader who left their name as “Dangerous Trees” asks…

“My neighbour’s trees are damaging my wall. Can’t close the gate, starting to take up the pavement. Gutter is full of pines off the trees, they go up the roof, branches are hanging over the house and garden. They think they are bigger than the law and refuse to do anything saying it’s green belt. Is there any way to get them to pay for repairs?”

George Harrison, solicitor at The Jonathan Lea Network, says this…

Dealing with troublesome neighbours can be challenging and we often advise on these disputes. Usually, the starting point is to have a polite and respectful conversation with the neighbours to explain the issues caused by their trees and express your concerns. However, it seems that constructive communication with these neighbours has broken down.

You have indicated that the trees are damaging your property, namely your wall and pavement and you also cannot close your gate, preventing enjoyment of your property. Consider a couple of issues as a starting point:

• If the property is in the green belt (which is a government policy for controlling urban growth in some areas), you can check any restrictions with your local council or planning authority. They can provide information about green belt regulations and any restrictions related to tree maintenance. If the trees are indeed causing damage, the council may also be able to intervene directly; and…
• You should find out if the trees are protected by a Tree Preservation Order. TPOs are legal orders that prevent the cutting down, uprooting, or damaging of certain trees without permission. If the trees have TPOs, your neighbours will need consent (ie from the local council) to carry out any work. You can check with your district or borough council’s planning department or tree officer to see if there is a TPO in place.

You may potentially have a claim against your neighbours for trespass (because the trees are trespassing on your land) and/or private nuisance if the trees are causing a continuous, unlawful and indirect interference with the use or enjoyment of land, or some right in connection with the land. 

If there is also trespass and/or encroachment of the trees and the roots cause damage, compensation can be claimed for this damage.

If you have a mortgage, your lender may wish to get involved as they will be interested in protecting their security which is at risk of damage. Furthermore, you should check any insurance policies you may have for the property which may include legal expense insurance coverage as this may assist with any claim you need to make and/or protect you from your neighbour’s poor behaviour. If you do have an insurance policy for your property, it may be the case that as a condition of this insurance, the insurer may have the right to take up the claim on your behalf, so this is also something to investigate.

Also, consider having the properties assessed by an expert surveyor to obtain estimates for repair and keep all receipts for any repairs as evidence. You could even consider jointly instructing an expert surveyor with your neighbour. 

If you choose to take court action, you should make sure you follow the pre-action protocol.

If you choose to take matters into your own hands, you can lop the trees only to the extent of the overhanging branches trespassing on your land, but you should offer any prunings back to the neighbour as these remain their property. 

Before you do this, you should also warn your neighbour of the action you will take in advance. You must not trespass onto the neighbour’s property at any time, although you could climb into the tree to undertake the necessary work. 

It goes without saying you should also check for any TPO or other conservation area restrictions before carrying out the work. You cannot cut back further than the relevant boundary, and you could be liable for any damage to your neighbours’ trees if, for example, the branch removals cause tree failure due to disease, a change in the balance of the trees, or different wind loading which causes the trees to blow over.

Therefore, it may be wise to employ a competent tree surgeon to ensure that any risk is minimised and they would take on liability for the work (check they have suitable public liability insurance before engaging their services).

This feature is not intended as financial advice – the aim is to give an overview of the things you should think about. Submit your dilemma or consumer dispute, leaving your name and where in the country you are, in the form above or by emailing news@skynews.com with the subject line “Money blog”. Alternatively, WhatsApp us here.