Last Updated on January, 2025
Trees are an integral part of any garden. They add structure, provide shade, and let you grow your own fruits. Without them, your property would look dull and incomplete.
The last thing you want to do is cause harm to a tree or hedge, regardless of whether it’s on your neighbour’s property or yours. However, what if your neighbour’s tree is encroaching on your side of the fence?
When dealing with this issue, it’s important to understand your rights under UK law. Proper knowledge can help you avoid making bad decisions and suffering the legal consequences that follow.
This article clearly defines what you can and cannot do if your neighbour’s trees are causing a nuisance.
Let’s dive in!
Quick Summary
- You are allowed to cut branches or roots from your neighbor’s tree if they encroach on your property, but only within your side of the boundary. However, you must not damage the tree, and conservation rules or Tree Preservation Orders (TPO) may require additional permissions.
- The tree owner retains ownership of all parts of the tree, including any debris or fruits that fall onto your property. If a tree is on the boundary, both neighbors may share ownership and responsibility for its maintenance.
- Pruning or removing trees improperly can result in legal issues. Additionally, home insurance may cover certain types of tree-related damage, but it won’t cover unauthorized pruning or removal, so following proper procedures is essential to avoid disputes.
Is it Legal to Trim Your Neighbour’s Tree?
As the property owner, you have the legal right to prune or remove trees within the boundary of your garden. However, you must not damage the tree, as this will give your neighbour legal recourse to sue you.
You also cannot take physical action against trees or hedges beyond the boundary point, as this would constitute property damage.
When it comes to cutting a neighbour’s overhanging trees, you are allowed to remove any portion of the tree that is infringing on your property. However, this does not apply if you live in a conservation area or if that particular tree is protected by the TPO (Tree Preservation Order.)
Understanding Tree Ownership
UK residents can claim ownership of a tree if it was originally grown on their property. This means that your neighbour still owns any branches or roots that encroach on your garden.
Even so, you have the right to prune or remove them unless you are in a conservation area or your neighbour’s trees have TPO protection.
According to the Theft Act of 1968, you are required to offer the debris back to the owner, as it is still their property. You should also return any fruits that fall into your garden to the tree owner.
If a tree grows on the boundary point of two properties, the neighbours might share ownership of it. You can check the title deed of your property to clarify this. If the relevant tree or hedge is not mentioned in either deed, both you and your neighbour will be responsible for it.
Maintenance of the tree will fall to both parties, and they will have to agree to any changes mutually. You may jointly own the tree, but you cannot uproot it or cut branches without your neighbour’s consent.
Similarly, your neighbour will have to get your approval before carrying out tree work.
If a tree on authority-owned land is causing a nuisance, you should contact the local council to have it trimmed and resolve the issue.
Are You Allowed to Cut Overhanging Branches?
Branches that grow onto your property can pose several risks, especially during adverse weather conditions.
When taking action against overhanging branches, remember that all tree work must be done from your side of the boundary. Gaining access to the tree from your neighbour’s property will be considered trespassing.
In addition, you are only allowed to cut the branches on your side of the garden. Cutting off a part of the tree in your neighbour’s garden will make you liable for damages. We recommend hiring a tree surgeon to ensure that the work is done properly and in accordance with the law.
Before you begin, find out whether Tree Preservation Orders apply. A TPO states that you must get written permission from the Local Planning Authority (LPA) before cutting tree branches. Conservation area restrictions may also apply.
The owner of the tree is legally entitled to the removed branches and any fruits they contain. Do not throw the debris over the fence, as you could be held liable for fly-tipping.
Are You Allowed to Remove Your Neighbour’s Tree Roots?
Overgrown tree roots can cause pipe blockages, uneven surfaces on your driveway or walkway, and structural damage to your home.
You are legally allowed to remove your neighbour’s tree roots if they have grown past the boundary. Uprooting a tree is not a simple task, so it’s best to consult with your neighbour and inform them beforehand.
Ensure that you do not hurt the stability of the tree when removing its roots, as this will leave you open to legal action.
In case of damages to your home or property, you should contact an arboricultural consultant to take a look. If the roots have caused subsidence in your land, it will be the tree owner’s responsibility to pay for their removal.
Who is Responsible for Maintenance and Costs?
Since tree ownership is decided based on who owns the property, you may assume that the tree owner is responsible for maintenance and bearing the relevant costs. Unfortunately, under normal circumstances, these responsibilities will fall to the other party.
Once you decide to take action on your neighbour’s overhanging tree that needs cutting or pruning, a courteous request and an explanation of the issue will go a long way toward solving it. Your neighbour may offer to split the costs or even do the trimming themself.
A good relationship with your neighbour can also help with debris that ends up in your garden. As per the law, you cannot compel the owner of the overhanging tree to sweep up fallen leaves on your property.
However, a friendly neighbour might informally agree to share the responsibility.
While you are legally obligated to bear the cost of pruning and other work, you are not obligated to pay for damages caused by your neighbour’s tree or hedge. Overgrown roots can alter the structure of your property, while fallen leaves can lead to clogged gutters.
In such cases, you should contact an expert, such as a tree surgeon, to take a look. If there is sufficient evidence that the overhanging tree or hedge caused the damage, the owner of the tree will have to pay to fix the problem.
Keep in mind that some tree work is covered by home insurance, so you or your neighbour can claim the costs against your respective policies.
Can You File a Complaint About Your Neighbour’s Overhanging Trees or Hedge?
Tree preservation orders or conservation area restrictions will make it illegal for you to prune your neighbour’s trees or hedges. If you feel that they are dangerous and a hazard to your property, the best course of action is to file a complaint using standard government guidance.
You can file a complaint about overgrown trees with your local council. However, you will have to meet certain criteria.
For your complaint to qualify, the trees must be over two metres tall and there must be at least two evergreen or semi-evergreen trees.
You should also prove that the trees are a hazard to your property or are negatively affecting your garden. According to the Rights of Light Act of 1959, any property that has received daylight for the last 20 years is entitled to continue receiving that light.
If overgrown trees are obscuring sunlight in your garden, you can take your issue to the local council and demand that your neighbours prune or cut down their trees.
This also applies if your neighbour’s hedges obscure your property. Under Part 8 of the Antisocial Behaviour Act 2003, you can file a formal complaint if your neighbour’s evergreen hedges are blocking sunlight in your garden.
The Local Planning Authority (LPA) will then use a document called Hedge Height and Light Loss to assess your complaint. If filed successfully, the LPA will inform your neighbour to reduce the height of their hedges.
Keep in mind that tree preservation orders prevent you from pruning your neighbour’s trees or hedges without consulting the LPA.
For properties not protected by the area or TPO, ensure not to damage the tree when cutting branches or removing roots. Doing so will violate the legislative protections outlined in the Town and Country Planning Act of 1990.
Does Insurance Cover Tree Work?
Your home insurance policy will cover various types of tree work. However, the specific terms and conditions of coverage will differ, and some parts of your property may not be included in your insurance policy.
Overgrown roots from your neighbour’s trees may cause subsidence in your land. This is when roots absorb water from the soil and cause the foundation of your land to sink.
While uneven surfaces on driveways aren’t always included in insurance coverage, you will be eligible for compensation if structural damage is caused to your home.
Your neighbour will be legally obligated to pay for tree root removal, and where possible, they can choose to claim the costs against their home insurance policy.
Home insurance also covers damages caused by fallen trees or branches. In cases of extreme weather or natural disasters, the insurer will bear the costs of tree and branch removal. This applies to trees in your garden as well as your neighbour’s garden.
However, if damages were caused by your neighbour’s lack of proper maintenance, they will be responsible for the costs that follow.
It’s important to remember that your insurer will only pay for tree work that they have organised. In other words, you will not be eligible for insurance coverage if you have already started pruning or uprooting your neighbour’s trees.
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Conclusion
Most neighbour disputes are ugly, messy, and easily avoidable. The best way to proceed initially is to explain your issue and reach mutual ground with the other party.
While trees or hedges encroaching on your property can be a nuisance, it’s important to stay calm and follow the right procedures.
Knowing the relevant laws and your rights will not only help you resolve the issue, but also avoid legal troubles and the hefty fees that come with them.
Good luck!
