Property litigation: what can we do about our neighbours’ overhanging tree?

Simon Painter, head of property litigation and partner in our litigation and dispute resolution team, responds to a reader’s question in The Sunday Times concerning a large tree which overhangs their driveway. With the neighbours refusing to cut back the tree, Simon Painter highlights a number of practical points that need to be considered if taking action, including how much of the tree can be taken back without the reader being held liable for damage to the tree and possible further action if the reader cannot cut back the branches without gaining access to the neighbours’ land. This article is available in The Sunday Times.