Q I’ve recently moved into a new property and my neighbour has a large tree in their front garden. Some of the branches overhang my property and I am concerned that they will block my drive. What can I do about this?
A The first thing to be sure about is that the branches are definitely overhanging your property. It may be obvious but, if there is any doubt, you should check your title deeds as they should show you where the boundary lies.
If the branches are overhanging, they are what is known as an encroachment — something that interferes with your right to possession of your land. Your neighbour is not allowed to encroach on your land without your permission.
In that case, you are entitled to cut the overhanging branches from the tree and return these to your neighbour.
This can be done without giving notice to your neighbour (provided that you do not need to access their land to cut the branches).
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However, we would recommend that, if possible, you speak to your neighbour to try to reach agreement on them being cut. You may find that your neighbour is willing to cut them themselves.
If the work to remove the branches is likely to be substantial and incur expense, and if your neighbour is unwilling to pay or contribute to the cost of removing them, you can seek a court order which, if granted, will require your neighbour removes the branches. If you are successful, you can also try to recover some of the costs of raising the action.
Notwithstanding that, litigation can be expensive and should be a last resort.
It is worth noting that there is no encroachment where you expressly agree to the branches being on your land, or where the branches have been overhanging your property for at least 20 years. Anything more recent can be removed.
Eilidh Findlay is a senior solicitor at Brodies LLP