‘My neighbour won’t cut down dangerous trees that could flatten my house. What can I do?’

Finding out who your neighbour’s insurer is would be really useful, as you could approach them directly with your evidence. If your neighbour won’t take heed of you, he may listen to his insurers, especially if they seek to put up his premium because of the additional risk, or even say they will exclude cover for damage to your house unless he manages his trees better.

If such a pragmatic approach is not available, you may seek legal relief before the event. In law this is called an injunction. A so-called prohibitory injunction is an order forbidding a party from performing an act. A mandatory injunction is an order to perform an act. Here you would want a mandatory injunction to have the trees at risk of falling managed or removed. 

All of which sounds great in theory, but the courts are very reluctant to grant injunctions and they are also expensive in terms of legal fees. Lawyers love injunctions because the depth of evidence required to persuade a court to act means legal fees add up fast and furiously. For clients the process can be very stressful.

For a case like yours to succeed you would need to persuade the court as to the fact of imminent risk of damage to your property and/or life. You would need stringent evidence, including from experts. Yes, you have your tree survey, but how robust is it and indeed what are the credentials of its author? These matters would be under the spotlight. 

The other side of the legal coin is that most of us would resent being told to do something to our own property. This is why the hurdle to get over to be granted an injunction is a high hurdle.

If your property or life is at risk and you can prove it, the courts should step in to help, but the legal process will not be without the financial risk of you losing and being liable for your own and your neighbour’s legal costs.

Your neighbour would also face the same financial risk of litigation, so a further pragmatic approach to him (again in writing) may be to threaten an injunction and see who blinks first. 


Ask a Lawyer is written by Gary Rycroft, solicitor at Joseph A Jones & Co, and published twice a month on Mondays. Email your questions to askalawyer@telegraph.co.uk

Related Posts

Property Management in Dubai: Effective Rental Strategies and Choosing a Management Company

“Property Management in Dubai: Effective Rental Strategies and Choosing a Management Company” In Dubai, one of the most dynamically developing regions in the world, the real estate…

In Poland, an 18-year-old Ukrainian ran away from the police and died in an accident, – media

The guy crashed into a roadside pole at high speed. In Poland, an 18-year-old Ukrainian ran away from the police and died in an accident / illustrative…

NATO saw no signs that the Russian Federation was planning an attack on one of the Alliance countries

Bauer recalled that according to Article 3 of the NATO treaty, every country must be able to defend itself. Rob Bauer commented on concerns that Russia is…

The Russian Federation has modernized the Kh-101 missile, doubling its warhead, analysts

The installation of an additional warhead in addition to the conventional high-explosive fragmentation one occurred due to a reduction in the size of the fuel tank. The…

Four people killed by storm in European holiday destinations

The deaths come amid warnings of high winds and rain thanks to Storm Nelson. Rescuers discovered bodies in two separate incidents / photo ua.depositphotos.com Four people, including…

Egg baba: a centuries-old recipe of 24 yolks for Catholic Easter

They like to put it in the Easter basket in Poland. However, many countries have their own variations of “bab”. The woman’s original recipe is associated with…

Leave a Reply

Your email address will not be published. Required fields are marked *