Overgrown property next door? 8 common questions answered

Buying a property where the garden needs some TLC is one thing. Purchasing a property where the neighbouring garden is out of control is another. And what can you do when you live next door to an untidy jungle?

We’ve answered the 8 most common questions asked by buyers and homeowners.

Q. Can I find out if there’s Japanese Knotweed or bamboo next door before I buy?

A. The seller is bound by law to disclose if there’s Japanese Knotweed at their property. This should be made clear on the TA6 form.

While the primary concern is establishing whether Japanese Knotweed is in the garden of the property you’re buying, it’s such an invasive plant that knowing if it’s next door is helpful.

Level 2 and Level 3 surveys usually include a visual check that extends to obvious signs of an invasive species on neighbouring properties or boundaries. Increasingly, this check will also look for running bamboo – another invasive species that can travel quickly from garden to garden. 

If you’re suspicious of what might be growing next door but only order a Level 1 survey, the seller may allow you to book an inspection by a professional plant specialist. They can check for signs of roots and rhizomes coming from an adjacent property, and conduct a visual check by looking out of windows and over fences. They won’t, however, be able to access a neighbouring garden without permission. 

Q. Can I cut back overhanging branches?

A. Unless there is a tree preservation order or the tree is in a conservation area, you can cut back the part of a neighbour’s tree or shrub that hangs over into your garden. Government advice is clear on the matter, stating: 

“You can trim branches or roots that cross into your property from a neighbour’s property or a public road. You can only trim up to the property boundary. If you do more than this, your neighbour could take you to court for damaging their property.”

Anything you remove should be offered back to the neighbour and any action should not intend to kill the plant.

Q. I’ve seen rats in my neighbour’s garden, who should I report them to?

A. If a neighbour’s garden is so overgrown and dirty that it attracts vermin, flies and disease, you can make a complaint to your local authority’s Environmental Health Department. If the garden is ruled to pose a public health risk or a statutory nuisance, the Department can legally force your neighbour to tidy their garden.

Q. What can I do if my neighbour’s plants are damaging my property?

A. If you move in and find your neighbour’s ivy has attached itself to your wall and is damaging the mortar, or their hedge is causing your fence to collapse, your neighbour is liable for damages. Talk to your neighbours and ask them to take care of the issue. If they won’t listen, you’ll need to involve a mediator. Failing that, document the damage, get a structural report to qualify the extent and take legal advice.

Q. Can a hedge be too high?

A. Hedges are one of the most common reasons neighbours fall out. As such, the Government has clear advice and guidelines when hedge disputes arise. Amicable conversations are advised using the Over The Garden Hedge guidelines.

Failing that, neighbours are encouraged to use a mediator to resolve matters. As a last resort, Part 8 of the Anti-social Behaviour Act 2003 allows local councils to deal with complaints about residential hedges. A council will step in if the hedge is:

• more than 2 metres tall

• growing on land owned or occupied by someone else

• made up of a line of 2 or more trees or shrubs

• mostly evergreen or semi-evergreen

• a barrier to light or access (even if there are gaps)

The Government’s guide to hedge height and light loss is useful when deciding whether to formally complain. 

Q. What can I do if a neighbour’s tree is blocking my natural light?

A. Reclaiming natural light by forcing a neighbour to reduce the scale or height of a tree can be exceptionally difficult. We recommend you read the Government’s Rights To Light research and analysis before you make a complaint under The Right to Light Act 1959.

Q. Is my neighbour’s fence illegal?
A. You can install a garden fence of up to 2 metres (around 6 feet 6 inches) without planning permission. This right may be affected if the building is listed or if it’s in a conservation area, which can be verified with your local authority.

Q. Is my neighbour lying when he says he’s not allowed to cut back a tree? 

A. This could be the case. If your neighbour’s tree is a nuisance or causing damage but they refuse to remove or prune it, they may have a valid reason. There could be a tree preservation order, a conservation area restriction or a restrictive covenant in the title deed. 

There are workarounds, such as seeking permission, a Deed of Release or applying to the Upper Tribunal (Lands Chamber) but the neighbour would need to instigate these actions. 

Get in touch if you need garden advice: whether you want to sell but are worried about the state of your neighbour’s garden or if you’ve found your dream home and there’s a jungle next door.