Up and down the country, there are people who are keen gardeners and look after their green spaces, nurturing the trees and plants within them. However, there are also homes where, for whatever reason, the garden is neglected and uncared for and this can lead to issues between neighbours.
There are various legal issues that can arise from a garden or piece of land that is not looked after which homeowners and neighbours should be aware of. We look at some of the issues in this article.
My neighbour’s garden is overgrown and not looked after. Can I make them tidy it?
In the first instance, you should always try and speak to your neighbour about any concerns that you have and see whether the issue can be resolved between you.
It may be the case that your neighbour is not aware that their garden is causing a problem or there may be a reason why they have not been able to maintain it. For example, they may have been unable to look after the garden due to ill health, a change in circumstances or because the property has been empty for some time.
A garden that is simply untidy or overgrown is not usually a legal issue in itself. People have different approaches to looking after their gardens and there is no general legal requirement for a homeowner to maintain their garden to a particular standard.
Some people may prefer a more natural garden, with longer grass and more plants growing freely, whereas other people may prefer a garden that is carefully maintained. The fact that a neighbour’s garden looks different from your own does not necessarily mean that any legal action can be taken.
However, there may be circumstances where the condition of the garden starts to cause problems for neighbouring properties. This could include situations where the garden is attracting vermin, where rubbish has accumulated, where plants are causing damage or where the condition of the garden is affecting the enjoyment of your own property.
If the condition of the garden is causing a problem, you should keep a record of the issues that are arising, including photographs, dates of any incidents and details of any attempts that you have made to discuss the matter with your neighbour.
Can I report my neighbour’s overgrown garden to the Council?
Whether the Council can assist will depend on the circumstances.
The fact that a garden is overgrown, untidy or not maintained does not necessarily mean that the Local Authority will take action. A Council will usually need to be satisfied that there is a more serious issue, such as a statutory nuisance or a risk to health.
If rubbish has been deposited in the garden and this is attracting rats, flies or other pests, then you should contact your Local Council’s environmental health department in the first instance to see if they will assist.
The Council may be able to investigate the situation and decide whether any action is required. This will depend on the condition of the garden, the impact that it is having on neighbouring properties and the evidence available.
It is helpful to provide the Council with as much information as possible, including photographs and details of the problems that you are experiencing.
My neighbour’s garden is attracting rats or other pests. What can I do?
In some instances, if a garden is very overgrown and neglected, or if rubbish is deposited in the garden, then it might be the case that rats, flies or other pests become a problem.
If this happens, you should contact the Local Council’s environmental health department to see if they will assist in the first instance.
You should also keep evidence of the problem. This could include photographs of the garden, evidence of pests, details of any damage caused and records of any communication with your neighbour.
It may also be the case that you need to show that the problem is ongoing rather than being a one-off issue. Keeping a record over a period of time can therefore be helpful.
Can I force my neighbour to deal with their garden?
Whether a neighbour can be required to take action will depend on the circumstances.
If the garden is simply untidy, it is unlikely that a neighbour can be forced to maintain it in a particular way. However, if the condition of the garden is causing a nuisance, attracting pests, creating a health concern or causing damage to neighbouring property, then there may be options available.
The action that can be taken will depend on the nature of the problem and the evidence available.
For example, if plants or trees from the garden are damaging your property, you may need expert evidence to confirm what is causing the damage, what works are required and the likely cost of carrying out those works.
If the issue relates to rubbish, pests or a possible statutory nuisance, then the Local Authority may need to become involved.
What if my neighbour’s garden is empty and has become overgrown?
Problems can sometimes arise where a property is empty for a period of time and the garden becomes neglected.
This can happen for a number of reasons, including where a property is awaiting sale, where there are delays following a bereavement or where the owner is unable to manage the property.
If an empty property is causing problems, it may be possible to contact the owner or, depending on the circumstances, the Local Authority may be able to provide assistance.
It is always sensible to keep a record of any issues that are being caused and any steps that you have taken to try and resolve matters.
What should I do if I cannot resolve the problem with my neighbour?
Neighbour disputes can become difficult once communication breaks down, which is why it is usually best to try and address problems at an early stage.
In the first instance, you should try and have a conversation with your neighbour and explain the concerns that you have. It may be that a practical solution can be agreed without the need for any further action.
If that is impossible and the problem continues, then you should keep a record of the issues, including photographs, correspondence and details of any attempts that you have made to resolve matters.
If the condition of your neighbour’s garden is affecting your property or causing damage, then you speak to a neighbour dispute solicitor about what options may be available.
The steps that can be taken will depend on the circumstances, including the nature of the problem, the evidence available and the effect that the garden is having on your property.
This information is for guidance purposes only and does not constitute legal advice. We recommend you seek legal advice before acting on any information given.
