We can't open our window due to a neighbour's overgrown tree, what can we do?

Our neighbour's front garden is a shambles. He keeps two abandoned cars owned by his mates in it, which have been there for years. 

His driveway is also covered in weeds, which have over time practically destroyed our fence.

Our neighbour also has a large tree in his front garden which is covered in blackfly. The tree is now level with our landing window, so we are unable to open it. 

The state of our neighbour's garden is dreadful and it has not been touched for many years. 

We asked our neighbour if he could get a tree surgeon to trim the tree affecting our window back. He just laughed at us and nothing has been done. Can you advise what we should do about the tree and other problems? 

A This is Money reader's window is being blocked by a neighbour's overgrown tree 

Jane Denton, of This is Money, replies: Your neighbour is not taking your concerns seriously. It would be sensible to write him a letter outlining all your concerns. 

You have good photographic evidence of the problems in your neighbour's garden. Make sure the photos are dated. 

Taking a matter like this to court would be stressful, costly and is best avoided. If your neighbour does not respond to your letter in a helpful manner, look for assistance via your council or mediation options. 

You can trim back the overgrown tree, but only from your side of the boundary. You cannot enter your neighbour's land or property without his permission. 

You can contact your council about the abandoned cars and general poor state of the garden. The tree has damaged your fence, so you may be able to file a claim for the cost of repairs. As your fence is damaged, check if your home insurance covers repairs and/or provides legal expenses cover for bringing a claim. 

I asked two solicitors for their thoughts on your case.  

Manjinder Kaur Atwal, director of housing and property litigation at Duncan Lewis, said: Your neighbour is responsible for maintaining their property where it is causing damage or an unreasonable interference with your enjoyment of your home. 

The fact that he has ignored your requests does not mean you have no options.

I would start by putting everything in writing rather than relying on conversations. 

Manjinder Kaur Atwal is a director at Duncan Lewis

Set out the problems clearly – including the damage to your fence, the tree obstructing your window and any other specific problems caused by the state of the garden. 

Ask your neighbour to address these issues within 14 days and keep a copy of the letter or email. If there is an immediate risk of further damage, you should say so and ask him to act sooner.

Take dated photographs of the garden, tree, vehicles and any damage to your property. 

Keep records of previous requests you have made and your neighbour’s responses. This evidence could become important if the dispute escalates.

The tree is worth dealing with separately. If branches are overhanging your property, you can generally cut them back to the boundary, but you should not enter your neighbour’s land to do this without permission. 

You should also check whether the tree is protected by a Tree Preservation Order or if the property is in a conservation area before arranging any work. 

If the tree is causing damage to your fence, obtain photographs and, if possible, a quote for the cost of repairing it.

The two cars can be reported to your local council if you believe they have been abandoned. Councils have powers to investigate and remove abandoned vehicles, including vehicles on private land in certain circumstances.

An untidy garden is not, by itself, necessarily a legal nuisance. The stronger issues here are any actual damage, obstruction or unreasonable interference with your use of your property.

If your neighbour continues to refuse to act, consider mediation before taking court action. Depending on the evidence, there may be a claim relating to nuisance or damage, but this should be assessed on the particular circumstances.

Do not enter your neighbour’s property or remove the vehicles yourself. Keep a clear record of the problems and try to resolve matters in writing first. If that fails, a solicitor can advise you on the appropriate next step. 

Joanne Ellis, a partner and specialist in dispute resolution at Stephensons, said: Neighbour disputes involving overgrown gardens, trees and boundary damage can be incredibly frustrating, particularly where attempts to resolve the issue amicably have been met with little co-operation.

In this situation, there are a number of potential issues to consider. If the tree is encroaching onto neighbouring land, blocking windows or causing a nuisance, which the pictures you provided seem to demonstrate, homeowners are generally entitled to cut back branches that cross their boundary, provided they do so without trespassing onto their neighbour's property. 

However, it is sensible to notify the neighbour first and check whether the tree is subject to a Tree Preservation Order or located within a conservation area.

If vegetation or root growth is causing damage to a fence, it is important to gather evidence of the damage through photographs, which you already have and, where necessary, obtain an expert opinion on the cause. 

Where it can be demonstrated that a neighbour's failure to maintain their land has resulted in damage to adjoining property, there may be grounds to pursue a claim for the cost of repairs.

The abandoned vehicles and general condition of the garden may also be matters that can be reported to the local authority if they are creating a statutory nuisance or affecting the amenity of the area. 

Councils have powers in certain circumstances to investigate complaints relating to overgrown land, accumulations of waste and other issues that may affect neighbouring residents.

Before taking formal legal action, it is usually advisable to keep a record of all communication, document any ongoing issues and seek to resolve matters through correspondence. 

If that proves unsuccessful, a solicitor can advise on the options available, which may include pursuing a nuisance claim which may involve seeking an injunction where the interference with the enjoyment of a property is significant and ongoing.

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