Trees are often seen as symbols of tranquillity, privacy and natural beauty. However, in the context of property ownership, they can quickly become the source of disputes, strained neighbourly relations and, in some cases, costly litigation.
Recent media coverage is a stark reminder of just how easily disagreements involving trees can escalate into serious legal disputes.
When Trees Become Trouble: A Case in Point
A widely reported dispute between Robert McCarthy and Foulla Bowler (recently featured in The Times) illustrates these risks. What began as a disagreement over a garden boundary in Essex developed into a prolonged and expensive legal battle between neighbours.
The dispute centred on a row of Leylandii trees, approximately 10 metres tall. One party considered the trees to be obstructing light, while the other relied on them for privacy. Acting on their understanding of the boundary, Ms Bowler and her co-owners removed a fence and instructed contractors to fell the trees. However, the court later determined that the trees were located on McCarthy’s neighbouring property.
The consequences were significant. The court found that trespass had occurred, criticised the “unilateral action” taken, and indicated that liability for damages and legal costs could exceed £250,000. The dispute was described as “protracted and potentially ruinous”, a phrase that will resonate with many property owners and practitioners alike.
Why Tree Disputes Escalate So Easily
Tree-related disputes rarely concern trees alone. They often involve a combination of legal, practical and emotional factors.
Boundary uncertainty is a common issue. Even minor discrepancies in title plans or the position of historic features such as fences or hedgerows can lead to fundamentally different interpretations of ownership.
There are also competing rights at play. One neighbour may prioritise access to light, while another values privacy. At the same time, issues of nuisance can arise where branches overhang or roots cause damage. These competing interests frequently conflict, and the law does not always provide straightforward answers.
Problems are often compounded where parties take matters into their own hands – as seen in the McCarthy/Bowler case. Removing trees, altering boundaries or instructing contractors without first establishing legal ownership can expose individuals to significant liability if their assumptions are incorrect.
Finally, these disputes are inherently personal. Unlike commercial disagreements, they concern people’s homes, which often leads to entrenched positions and makes early resolution more difficult.
Nature or Nuisance? The Legal Position
Under English property law, trees can give rise to a number of legal claims depending on the circumstances.
Issues of trespass may arise where a person enters another’s land or interferes with property without permission. Private nuisance may be engaged where trees cause damage, such as subsidence from roots, or where they result in unreasonable interference, for example through excessive shading. Encroachment can occur where branches or roots cross a boundary, while disputes over ownership may require detailed investigation supported by expert evidence, including surveyors and historical analysis.
Although there are limited self-help remedies available, such as trimming overhanging branches, these must be exercised carefully and within defined legal limits. Acting without a clear understanding of ownership or legal rights can lead to unintended consequences.
The key point is that certainty of legal position should come before action.
How Early Specialist Advice Makes the Difference
Tree and boundary disputes often sit at the intersection of property law, litigation strategy and technical evidence. Early legal advice can play a critical role in managing risk and avoiding escalation.
Obtaining advice at an early stage can help clarify ownership boundaries before positions become entrenched, prevent missteps such as unlawful removal of trees, and support early resolution through negotiation or mediation. Where disputes cannot be resolved, it also ensures that any claim is properly evidenced and strategically managed.
Colman Coyle has extensive experience advising on boundary and land ownership disputes, tree-related nuisance and damage claims, injunctive relief, and complex property litigation involving multiple parties. We understand not only the legal framework, but also the practical and personal factors that often drive these disputes.
If you are facing a dispute involving trees, boundaries or neighbouring land, seeking early legal advice is essential.
Anjani Purohit in our property litigation team is currently dealing with a variety of tree-related disputes. If you would like to discuss a potential matter or require urgent advice, please contact anjani.purohit@colmancoyle.com
