What if my neighbour’s plants are damaging my property?

Plants and trees can sometimes cause problems between neighbours when they spread beyond the boundary of the property where they are growing and begin to affect neighbouring land.

Damage can be caused by invasive plants, roots or branches from a neighbouring garden, and homeowners should be aware of the steps that they can take if this happens.

What types of plants can cause damage to property?

Japanese knotweed is one of the best-known invasive plant species and can cause significant issues if it spreads from one property to another.

However, Japanese knotweed is not the only plant that can cause problems. Other invasive species, such as bamboo, can also spread quickly and cause damage if they are left unchecked.

Trees and shrubs can also cause issues where roots spread into neighbouring land or where branches affect buildings, walls, drains or other structures.

If you are concerned that a plant from a neighbouring property is causing damage, it is important to establish exactly what is causing the problem before taking action.

What should I do if my neighbour’s plants are damaging my property?

In the first instance, you should try and speak to your neighbour and explain the problem.

It may be the case that your neighbour is unaware that their plants are causing damage or that action needs to be taken.

If the matter cannot be resolved, then you should keep a photographic record of the damage and details of any attempts that you have made to engage with your neighbour.

It may be necessary to obtain expert evidence to confirm where the plant originates from, whether it is causing the damage and what works are required to resolve the problem.

How do I prove that my neighbour’s plant has caused damage?

In order to pursue a claim, you will usually need evidence showing that the plant or tree from the neighbouring property is responsible for the damage.

An expert may need to inspect the property and provide a report explaining:

• what is causing the damage;
• where the plant or roots originate from;
• what work is required;
• the likely cost of carrying out the works.

It is important to obtain this evidence before carrying out major works, as removing the cause of the problem may make it more difficult to prove what happened.

Is my neighbour responsible for damage caused by their plants?

If damage has been caused by plants, roots or branches from a neighbouring property, then the neighbour may be responsible for the damage caused.

However, every situation will depend on its own facts.

You may need to show not only that the plant has caused damage, but also the extent of the damage and the cost of putting matters right.

It may also be relevant whether your neighbour was aware, or should reasonably have been aware, that there was a problem.

Can I force my neighbour to remove a plant?

Whether you can require your neighbour to remove a plant will depend on the circumstances.

In some cases, the issue may be resolved by carrying out works to manage the plant. In other cases, more extensive works may be required.

You should not remove plants from your neighbour’s property without permission. If you were to do that, you could potentially be responsible for any damage caused.

If agreement cannot be reached, you should seek legal advice about what action may be available.

Can I claim compensation if my neighbour’s plants have damaged my property?

If you can prove that your neighbour is responsible for damage to your property, then you may be able to seek compensation.

However, you will usually need evidence to support any claim, including evidence of the cause of the damage and the cost of any repairs or remedial works.

It may be the case that expert reports are required before a claim can be pursued.

If your property has been damaged by plants or trees from a neighbouring property, you should seek legal advice from a qualified neighbour dispute solicitor about the options available to you.