Unkempt garden next door? Here’s what buyers can and can’t do

You may go on a viewing and note overhanging branches, 10 foot weeds and a huge conifer, all coming from next door. Would it put you off? What can you do?

Our guide to unkempt gardens next door establishes what action you can take before you commit to a sale, and what you can cut, trim and treat once you’ve moved in. 

You can commission a specialist plant survey before you exchange

Sellers are legally bound to disclose if they know Japanese Knotweed is at their property. A seller, however, can reply ‘not known’ if they’re unsure. Additionally, they aren’t legally obliged to disclose if the plant is at a neighbouring property.

The latter are grey areas that deserve further investigation, especially as Japanese Knotweed and running bamboo – another troublesome plant – can spread rapidly from garden-to-garden. 

If the seller is willing to give access, the buyer can commission a plant identification report. This will flag up invasive species in the property’s garden and potentially detect a threat from a neighbouring property. A specialist may be able to access a neighbour’s garden, with permission, but they won’t be able to trespass.

You can order a survey that looks for visible signs next door

A Level 2 or Level 3 survey should include a visual check that extends to obvious signs of an invasive species on neighbouring properties or boundaries. If in doubt, book a RICS surveyor as the organisation recommends its surveyors ‘flag the presence of Japanese Knotweed if it’s visible within three metres of a property’s boundary, such as in a neighbouring garden’.

You can ask the seller to tackle the issue

Invasive species can harm a property’s value and decrease the changes of getting a mortgage. If Japanese Knotweed or bamboo are present, the buyer can request the seller treat the problem before exchange of contracts. If the threat is from an adjacent garden, the seller can use their discretion regarding broaching the issue with their neighbour.

You can prune most plant matter that overhangs

If a neighbour’s overenthusiastic plants overhang the fence and cross your boundary, you’ll probably be able to prune them. If you’re worried about staying on the right side of the law, Government advice states:  

“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.”

The branches and clippings should be offered back to your neighbour as legally they still own them. If they don’t want them, it’s up to you to dispose of them sensibly.

You can’t hack away at protected trees

Some trees are so precious they are protected by law. If part of a protected tree crosses your boundary, you’ll have to take advice before you get the loppers out. You can identify trees with a tree preservation order and trees in conservation areas by searching online. You may need your local authority’s permission to prune the overhanging branches of a protected tree.

You can’t force a neighbour to remove plants if there are restrictive covenants

Some properties come with restrictive covenants that prohibit the owner from removing trees or altering the landscape. A buyer’s solicitor can review all restrictive covenants attached to an adjacent property by obtaining the Title Register and Title Plan from HM Land Registry.

You can take action regarding hedges

Hedges can be such a nuisance that the Government has legislation setting out how neighbours must deal with the issue. If you’d like your new neighbour to reduce the height or scale of their hedges, you should start by following the advice in the ‘Over the Garden Hedge’ guide.

If the hedges meet the criteria below and you can’t find a peaceful resolution, you can use the high hedges aspect of the Anti-social Behaviour Act 2003 to complain to the localauthority:

• The hedges consist of 2 or more mostly evergreen or semi-evergreen trees or shrubs over 2 metres tall

• The hedges are affecting your enjoyment of your home or garden because it’s too tall

• The hedges are growing on land owned or occupied by someone else

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

You can report a garden that’s become a health hazard

Really overgrown and neglected gardens can attract vermin, flies and disease. If this is the case with a neighbour, you can contact your local council’s Environmental Health Department.

You can make a claim for natural light

If you feel a neighbour’s tree or fences limit the amount of natural light you receive, The Right to Light Act 1959 or the High Hedges Legislation (Anti-Social Behaviour Act 2003) could give you rights to reclaim natural light.

This Government guide and the related spreadsheet can help you work out whether an evergreen hedge is blocking too much daylight and sunlight to your home or garden. If your claim is successful, there could be a remedial notice issued to your neighbour, forcing them to make changes. 

You can’t enter your neighbour’s garden without permission

It’s trespassing to enter your neighbour’s garden to cut back trees and shrubs without their permission, even if it’s to remove anything that’s overhanging your fence. 

You can take action if your neighbour’s plants are damaging your property

If roots, invasive species or branches coming from an adjacent garden are damaging your property, your neighbour is generally liable. Always try and resolve the matter amicably first, using mediation is necessary. If there’s no resolution, you should photograph the damage, ask a surveyor or structural engineer to produce a report and seek legal advice. 

We’d be happy to offer advice about gardens and the wider property sales process. Contact our team today.