Party walls and boundaries

A neighbour's tree is the one the survey mentions beside a crack. Can the survey make the neighbour cut it down?

No. The survey cannot make the neighbour cut the tree down. It can mention the neighbour's tree beside the crack, and it can describe the crack. It cannot compel an owner, serve a notice, or decide a boundary dispute. Party-wall guidance on GOV.UK is about certain building work, not an order this inspection can issue to fell a tree. The report records a tree and a crack next to each other. It has not decided who must act, and it has not made the cutting happen.

Last reviewed 24 October 2026. Written for buyers in England and Wales unless this answer says otherwise. No named surveyor has signed this page. It is general guidance, not a report on your house, and not legal advice.

What is the fuller explanation?

A tree close to a wall is a fact a surveyor can see. Ownership of that tree is a title question, and any right to require work is a legal question. Standing in the garden and pointing does not create either. The crack still needs describing on its own terms: where it is, how wide it seemed, whether it was old or fresh. Those observations are useful to a solicitor and, if needed, to someone looking at the building. They are not a power to instruct the neighbour.

Tell the solicitor which tree the survey means, that it appears to stand on the neighbour's side, and that the inspection has not ordered it cut. Ask what, if anything, the titles and any existing agreement say. Do not write to the neighbour claiming the survey has required removal. If building work of your own is later proposed on the boundary, that is a separate party-wall question for that work. It is not a shortcut from this crack to a felled tree.

What should you ask your surveyor?

  • Did you record the tree as the neighbour's, beside the crack, without ordering works?
  • What did you actually see in the crack, as distinct from the tree?
  • Have you left any demand on the neighbour to the solicitor?

What are the typical next steps?

  1. Read the note as a tree beside a crack, not as an order to fell.
  2. Ask the solicitor about ownership and any right to require work.
  3. Do not tell the neighbour the survey has made them cut the tree.

Costs vary with the building and with who you instruct. Where this page does not cite a published figure, ask the surveyor, a relevant specialist, or your solicitor for a written quote. Do not treat a forum average as the price.

Also asked about this

If the branches overhang your roof, has the survey granted you a right to cut them?

No. Overhang is a description of where the branches reach. It is not a decision about your rights, and the survey has not authorised cutting. Ask the solicitor before anyone takes a saw to the neighbour's tree beside the crack.

Does a worsening crack change who owns the tree?

No. A crack that looks worse is still a building comment. Ownership of the neighbour's tree is unchanged by the survey, and the inspection still cannot make the neighbour cut it down or decide the boundary. Felling remains unordered by the survey.

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