Households told to do one thing before cutting tree down in your own garden
If your neighbour's massive tree is obscuring your view, it's best not to pick up the saw just yet – there's one important thing garden -owners in England should do first.
While trees are generally inoffensive, there are some reasons why you may want to remove them. Trees and their roots can cause issues including structural damage to buildings from roots, block sunlight and even cause potential damage to underground pipes or drains. They can also attract certain kinds of pests in some cases.
Similarly, a neighbour 's tree might have branches hanging over into your garden, or you may feel that they have a hedge that has grown too high.
However, removing a tree or hedge may not be your decision to make. Plus, chopping it down without consulting anybody may result in unnecessary friction.
According to Citizen's Advice, if you and your neighbour are in disagreement over a problem related to a tree or hedge, it's best to try to resolve things informally. This way you can attempt to work towards a mutually beneficial solution.
You can speak to your neighbour about the issue face-to-face. However, if you're not comfortable doing that, then you can write them a letter or email instead.
Although, in this case it's important to keep a copy of any email or letter you receive from them. This way you have a reference for any agreement you may come to.
If you happen to rent your home, it could also be a good idea to talk to your landlord about the issues, as they might be able to deal with the disagreement on your behalf.
If you and your neighbour still can't come to an agreement, then you can ask for a mediator. A mediator is a neutral third party who can help you come to a compromise.
Crucially, before you cut a tree, you need to also check if it's protected by a Tree Preservation Order. If so, you'll have to ask the council for permission to cut the tree even if it's yours.
If you're not sure whether you or your neighbour owns a tree or hedge, there are some easy ways to tell. If the trunk or main stem of a tree or hedge is on your land, then you own it.
However, if it's on the boundary between properties, you'll need to refer to the legal documents you got when you bought your home, as they will show where the boundary is. In some cases, the may even say who's responsible for the tree or hedge.
If you don't have access to the documents, you can buy them from the Land Registry. It might be a good idea to buy the documents for your neighbour's house too, as they may contain more information.
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Daily Mirror
4 days ago
- Daily Mirror
Households told to do one thing before cutting tree down in your own garden
If a tree is causing you problems in your garden you need to be careful to check this one detail first - otherwise you can risk causing problems with your neighbours If your neighbour's massive tree is obscuring your view, it's best not to pick up the saw just yet – there's one important thing garden -owners in England should do first. While trees are generally inoffensive, there are some reasons why you may want to remove them. Trees and their roots can cause issues including structural damage to buildings from roots, block sunlight and even cause potential damage to underground pipes or drains. They can also attract certain kinds of pests in some cases. Similarly, a neighbour 's tree might have branches hanging over into your garden, or you may feel that they have a hedge that has grown too high. However, removing a tree or hedge may not be your decision to make. Plus, chopping it down without consulting anybody may result in unnecessary friction. According to Citizen's Advice, if you and your neighbour are in disagreement over a problem related to a tree or hedge, it's best to try to resolve things informally. This way you can attempt to work towards a mutually beneficial solution. You can speak to your neighbour about the issue face-to-face. However, if you're not comfortable doing that, then you can write them a letter or email instead. Although, in this case it's important to keep a copy of any email or letter you receive from them. This way you have a reference for any agreement you may come to. If you happen to rent your home, it could also be a good idea to talk to your landlord about the issues, as they might be able to deal with the disagreement on your behalf. If you and your neighbour still can't come to an agreement, then you can ask for a mediator. A mediator is a neutral third party who can help you come to a compromise. Crucially, before you cut a tree, you need to also check if it's protected by a Tree Preservation Order. If so, you'll have to ask the council for permission to cut the tree even if it's yours. If you're not sure whether you or your neighbour owns a tree or hedge, there are some easy ways to tell. If the trunk or main stem of a tree or hedge is on your land, then you own it. However, if it's on the boundary between properties, you'll need to refer to the legal documents you got when you bought your home, as they will show where the boundary is. In some cases, the may even say who's responsible for the tree or hedge. If you don't have access to the documents, you can buy them from the Land Registry. It might be a good idea to buy the documents for your neighbour's house too, as they may contain more information.
Telegraph
25-06-2025
- Telegraph
‘The council took over my land. Could there be a public highway in my garden?'
Do you have a legal question to put to Gary? Email askalawyer@ or use the form at the bottom of the page. Dear Gary, I am hoping you can help. Since my house was built in 1971, the deeds have included a parcel of land in front of our boundary fence and abutting a highway. This parcel was included in the property's original registration with the Land Registry in 1991. Indeed, Land Registry plans continued to show the parcel as belonging to the property throughout ownership changes in 1995 and 2006, and also when we bought the property in 2022. However, since moving in we have discovered our parcel of land was encompassed in a large-scale land registration by our local council in 2006. We have been in touch with Land Registry to seek their acknowledgement that the land remains ours. The Land Registry says that in 1960 the 'Warden of the College of the Souls of all Faithful People Deceased in the University of Oxford' agreed a tract of land in their ownership at the time to be used by the local council as part of the public highway. The 'Warden of the College (etc)' were the selling party in the 1971 deed referred to above. The Land Registry has cited the judgment in a legal case from 1903 called Harvey v Truro Rural District Council concerning the principle 'once a highway always a highway' and says the council has title paramount irrespective of our deeds. Does that judgment really supersede our registration and ownership? – Robin Dear Robin, One of the joys of my job is coming across very old deeds and documents which set out the history of the ownership of a house or plot of land. As well as being impressed by the quality of the handwriting and legal drafting, they are often a fascinating window on a society as it was at the time the deeds were produced. In the case of your house, we can surmise it is built on land that was once in the ownership of All Souls College, Oxford. As per the timelines set out in your question, it seems the College was involved in the creation of the residential area which you live in, both in giving the local authority rights over certain land to create a new public highway (or perhaps extend an existing one) and by selling land to a developer to build houses. To answer your specific question, what you have been told by the Land Registry (the land is part of the public highway) and what you believe (the land is yours) are not mutually exclusive. What the case of Harvey v Truro Rural District Council [1903] says is you still own the parcel of land outside your house, but it is subject to a right of way the public have to use the land in question as part of the highway. To put it another way, the parcel of land in front of your house is included in your land registration, and at the same time is also part of the public highway. You say it abuts the highway, but the local authority would say it is part of the highway. Dedication of land as a public highway does not transfer ownership of the land. It merely grants the public a right of way passage over it. So, applying this to your situation – if your registered title includes land that is also part of the highway then you still own the land, but the public has a legal right to pass and repass over it. This means that you cannot obstruct or interfere with that public right, for instance by moving your fence further from your house and closer to the road. Other practical and legal implications for you are that you may not build on or otherwise obstruct the highway portion of your land without permission from the local highway authority. The highway authority usually has maintenance obligations regarding all of the public highway. That said, on the basis insurance companies expect you to disclose all material facts, I would inform your home insurance company that part of the land in your ownership is deemed to be part of the public highway. And to be on the safe side, ensure you have public liability cover. If the highway ever ceases to be a public highway for whatever reason (such as under a so-called Stopping Up Order) you would regain full use of the land because public access rights would cease. If you are the kind of person who understands things visually, you may wish to picture the parcel of land as a cross section with the public highway on the top surface being the part with public access, but the soil and everything underneath the surface is still all yours, and likewise the air above the surface is yours. In summary, the parcel of land you are concerned about is still yours and it is correct for it to remain in your legal ownership as per the Land Registry entries. As you put it, your ownership and registration have not been superseded. However, while the fact it is part of the public highway does not remove your ownership of the land, it does impact on and restrict your use of it.
Scottish Sun
24-06-2025
- Scottish Sun
The B&Q buy that stopped nosy neighbours peeking into my garden – took minutes to fit & £1.5k cheaper than a new fence
All recommendations within this article are informed by expert editorial opinion. If you click on a link in this story we may earn affiliate revenue. Plus, everything you need to know about installing a new fence Garden Privacy Hack The B&Q buy that stopped nosy neighbours peeking into my garden – took minutes to fit & £1.5k cheaper than a new fence Click to share on X/Twitter (Opens in new window) Click to share on Facebook (Opens in new window) A SMALL rotten picket fence, that is suffocating under the weight of unruly ivy and bindweed sits between myself and my neighbours. We both have 80ft gardens, but the evening sun lands on my side of their fence. Sign up for Scottish Sun newsletter Sign up 4 The picket fence offered no privacy for either garden Credit: RM 4 The bamboo screen came rolled up (left) and was easy to install with screws and mushroom caps (right) Credit: RM And of course, they want to enjoy the sun too, so they sit as close as possible to the fence, meaning we have nothing but a few pieces of wood separating us. It's as uncomfortable and awkward as you can imagine. But privacy isn't an issue solely related to topping up our Vitamin D; I can't potter around my garden, watering my plants, without feeling my neighbour's eyes burning into the back of my head, or enjoy the morning sun with a cup of coffee in my pyjamas. In an ideal world, we'd put up a new fence. But according to Land Registry, the fence on the right side of our garden is our neighbours' responsibility - or more specifically, the landlord who owns the house and rents it out. And they have no intention to spend any money on erecting a new one. A basic 6ft high wooden fence could cost anywhere from £1,600 to £3,000 for one side of my garden and across the back - that's if the cheapest fence panels are chosen. That's a lot of money to spend on a fence that isn't yours... So a privacy fence would have to do in the meantime, until our budget allows for a brand new fence. With the permission of the landlord, we were allowed to attach a bamboo screen to our side of the neighbours fence to offer instant privacy. And B&Q's Bamboo Split Slat Fencing Screening Rolls for Garden Outdoor Privacy did the job. The privacy screen is 4m long, but comes in a variety of heights, making it suitable for all gardens. Trying out Lidl's new weeding tools As for the price, they start at £24.99. 4mx1m - £24.99 4mx1.2m - £29.99 4mx1.5m - £36.99 4mx1.8m - was £46.99, currently on offer for £42.99 4mx2m - was £49.99, currently on offer for £44.99 Standing at two metres, or 6"6 tall and four metres long, we needed two screens to cover the exposed area of the fence. So in total, it cost under £100 - a whopping £1,500 cheaper than getting a new fence. The online product description for the screen reads: "This robust and eco-friendly bamboo slat fencing screening roll will make a perfect practical addition to your garden. "It is popular as a way to improve existing fencing and frame flower beds. "The bamboo is strong enough to increase the height of existing fences. It can be used on its own or attached to an existing fence.. These bamboo slat fencing screening rolls can be attached to existing garden fences, stone walls, chain link wire fencing, arbours and many other areas the garden which requires screening or shade. "It can be easily attached to wooden garden fences by the use of galvanised garden staples securing top and bottom of the bamboo slat fencing screening." 4 The privacy screen stood at two metres tall (legally allowed without permission) Credit: RM 4 The finished result! Now I can potter around my garden freely without my neighbours looking Credit: RM Using long screws and mushroom caps, we attached the screen to the existing picket fence every foot or so along, and it stood proudly. It's a two person job; one to screw and one to roll it out and hold it tight. But after 10 minutes, both screens were up! As for how it screen isn't entirely opaque; there are tiny gaps between the bamboo rods that let some light through. So unless you and your neighbour have a staring competition, you can't see them. Plus, when the sun hits it, it leaves a beautiful dappled effect across the grass. I was pleasantly surprised at how good it looks. And I wasn't the only happy customer. One left a review which read: "These fences are so nice, they really brightened our garden and covered our older looking fences. My husband just screwed them into our existing fences. Hope they last throughout the winter season." Another said: "Bought this to cover an unsightly pebble dashed garage. It looks great, is really strong and will also act as a climbing frame for my plants too!" A third wrote: "We've just used this to cover a wall in bad condition. Very pleased with the look of it." What are your rights over a fence row? IT'S very important to know your rights if you are embroiled in a fence row with a neighbour. How do I know which side I own? A boundary feature can be a fence, wall, hedge, ditch, piece of wire, or sometimes even just the edge of a driveway. The only way to know for certain who owns what side and to avoid any neighbour disputes, is to refer to the title plan or Land Registry. In this, the T mark is used to indicate who the boundary belongs to and therefore who is responsible for its upkeep, say pros at Jacksons Fencing. Larger developments tend to have some indication provided by the builder, but there are no hard and fast rules People often think they are responsible for the left (or right) hand boundary wherever they live, but there isn't any legal basis for this. You can check with HM Land Registry to see which boundary feature you are responsible for. Often households can't get hold of the paperwork but experts say they shouldn't panic. Homeowners can guess who owns the fence by checking where the rails are. Pros say: "The fence is typically facing away from their property so that their neighbour gets the 'good' side. 'This is the most secure way of facing fencing so there are no rails for anyone to use to climb into your garden. 'This is then repeated with the neighbour on the other side to ensure that each home has both a 'good' and 'bad' fence side.' Walls and fences are often built on the land of the boundary's owner with the edge of the wall marking the limit. While professionals agree a glimpse at the fence can give you a hint, it's not foolproof - so you can't be certain. Fines and punishment It is recommended to always check legal documents before making changes to avoid hefty fines. There is no law that the neighbour has to get the good side of the fence, so it's completely up to whoever owns the fence. Fencing pros have suggested: 'It may be worth selecting a double-sided panel with no 'bad' side as both sides look the same and rails are concealed within the fence panel.' If one boundary backs onto a road or footpath you can install the panels with the rails on the inside But if it's installed on the outside, it can provide an 'easy ladder for burglars to enter your garden'. The Royal Institution of Chartered Surveyors (RICS) and the Property Litigation Association have created a mediation service to help neighbours resolve disputes over their property boundaries without resorting to court action. RICS also provides a list of surveyors who could assist in boundary disputes. If a dispute continues, it is ultimately a court that makes decisions, but they do not like such disputes being put before them. Changing a boundary If you want to change an existing boundary, such as replacing an old fence with a new one, we always recommend discussing with your neighbour first and making sure it is all agreed. The registered titles can help you to reach an agreement, but only if this information has been added. In terms of decorations on a fence legal advisers recommended asking around over who actually first installed it. But they also urged caution before getting to work on amending the fence without getting more certainty yourself - since there is a danger of actually being prosecuted for criminal damage. How high can a garden fence be? The height of the fence is measured from your ground level, this can have an impact when, due to slopes in the ground, your garden may be at a higher level than your neighbours'. A garden fence can be as high as 100m but you need to get planning permission if it's over than 2m. However, there are some complications to this. If you are thinking about front garden fences, restrictions state that fences alongside a driveway can be a maximum of 1m or 3ft. You would need to get planning permission for putting a trellis on a fence of 2m. But, if any plant that you grow on that trellis exceeds 2m, you do not need to obtain a permit for the growing plant. One other review read: "Sturdy bamboo screening, not the cheapest but worth it compared to others I have seen. Very easy to install. And lovely when it's up. Going to order some more. Really quick delivery. Great buy." As for whether it holds up in extreme weather, two days later, the weather turned, and winds whipped around the garden, but because of the small gaps between the bamboo, it was more resistant and allowed the wind to pass through. But the real test will be the great British winter... With a year warranty, it gives us enough time to save up for a brand new fence.
