Understanding your rights with overhanging trees and hedges
Welcome to our latest Timber blog post! As experts in tree surgery across Angus and Tayside, we're often asked about the rules and regulations surrounding trees and hedges, especially when they overhang property boundaries. This post aims to clarify your legal rights and responsibilities in these situations.
Trimming Overhanging Branches
In Scotland, you are permitted to trim branches or roots that overhang into your property. This right, known as the right of abatement, allows you to cut back encroachments up to the boundary line. However, it's important to do this carefully to avoid any damage to the tree or hedge.
Professional Advice for Significant Work
For substantial pruning or removal, especially of larger trees, it's always best to seek advice from a professional like us at Timber. We can ensure that the work is done safely, legally, and with minimal harm to the trees.
Right to Light
In Scotland, property owners have a 'right to light'. This means you are entitled to a reasonable amount of natural light. If a neighbour's tree or hedge significantly blocks this light, you might have grounds for a legal claim.
Common Law Nuisance
If a neighbour's tree or hedge causes substantial interference with your enjoyment of your property, it may constitute a common law nuisance. In such cases, you might need to demonstrate how the encroachment affects your property use and enjoyment.
Statutory Nuisance
Problems such as excessive noise, odours, or allergens from overhanging trees or hedges can be reported to your local council's environmental health department, who can then take action.
Tree Preservation Orders
Remember, some trees are protected by Tree Preservation Orders (TPOs). Before undertaking any work on trees or hedges, check for any TPOs with the local planning authority. Working on a protected tree without permission can result in penalties.
Communication is Key
We always recommend trying to resolve these issues amicably with your neighbour. Open communication can often lead to a satisfactory resolution for both parties.
Navigating the legalities surrounding overhanging trees and hedges can be complex. At Timber, we're here to provide expert advice and services to ensure you handle these situations responsibly and legally.
References:
Citizens Advice Scotland - Boundary and garden disputes
Scottish Parliament - High Hedges (Scotland) Act 2013
Alba Tree Surgeons - Dealing with Neighbour's Trees and Hedges in Scotland
RHS Gardening - Trees and the law