Home > Rights > Your Rights on Trees & Overhanging Branches

Your Rights on Trees & Overhanging Branches

Author: Jeff Durham - Updated: 4 July 2011 |

Trees can add a great deal of splendour to a garden. They could be fruit bearing trees, a place in which to retreat to the shade and they can also add a great deal of colour to a garden. However, they can also cause a nuisance to a next door neighbour when they start encroaching onto your side of the fence, with problems ranging from attracting unwanted insects like bees and wasps, blocking out your light and shedding their leaves all over your garden. Therefore, it’s important to know what your rights are and what you can and cannot do.

Establishing Ownership of Trees

The tree belongs to the person upon whose land it has originally grown. Even if its branches or, worse still, its roots have begun to grow over or into a neighbour’s territory, it belongs to the landowner where the tree was originally planted. Even if the tree bears fruit or flowers on branches which overhang into your land, it’s an offence under the Theft Act 1968 to keep them or to take cuttings of flowers, for example.

Obviously, many neighbours will not tend to worry about that too much but should a neighbour, for example, see you collecting apples from their tree even though the branches have grown onto your side, they are legally entitled to ask you to return them.

Overhanging Branches

If the branches of a neighbour’s tree start to grow over to your side, you can cut them back to the boundary point between you and your neighbour’s property, as long as the tree is not under a tree preservation order. If it is, you’ll need to seek further clarification. However, the branches and any fruit on them which you may have cut down on your side still belong to the tree owner so they can ask you to return them.

Alternatively, you can return them and ask your neighbour to dispose of them themselves should you wish to do so. What might seem a bit of a strange anomaly, however, is that even though any leaves from your neighbour’s tree may fall into your garden in autumn, you have no right to ask them to come around and sweep them up.

On the other hand, should these leaves blow into any of your gutters and block your drains, you can ask your neighbour to pay to have them cleared or to pay for the cost of any damage they might have caused. If they refuse to do so, you can legally sue them and force them into paying. If you lop off any branches on your neighbour’s (the tree owner) side of the fence, you are not entitled to Gain Access To Their Property to cut off some more. This is trespassing and you could be prosecuted.

Tree Roots

You are entitled to dig up and remove any roots that have encroached upon your land. Roots can cause a lot of problems and if they’re deep and/or causing subsidence or any other form of damage to your side of the property, you might need to get a tree surgeon or some other kind of structural engineer to deal with the problem.

It’s always better to discuss this with your neighbour first but if an expert does have to be called in, it’s the tree owner’s responsibility to foot the bill. They can then choose to pay up front or by claiming it against their own home insurance policy.

Understanding Your Rights As A Neighbour

You may also be interested to read our features on Your Rights Under The Access To Neighbouring Land Act and Establishing Rights Over Fences And Boundaries on this site.

Comments...

My neighbour has cut down a 50 metre length of trees along the side of a field. He claims this is to allow him to put in a new fence but the boundary is about 2 metres from the tree line. The trees are clearly on our property. We have just bought the house and have not moved in, so he was taking advantage of nobody being there to stop him taking this action. No permission was sought and he has burned the wood. The closest of the trees was 40 metres from his house and did not block any light. This was done simply to improve his view over the surrounding countryside. Not the nicest way to welcome someone to the village!! Is there anything I can do as I believe he is intent on cutting down the remaining 50 metres and from what others have told me a request not to do so will be ignored.

wils - 10 January 2012 @ 4:56 PM

During recent storms in Scotland a very large trampoline from a neighbouring garden landed in my back garden. So far the owners have not been to see me about it. Who is responsible for its removal, myself or the owners? If the owners do not approach me do I have the right to get it removed myself and will my insurance company pay for it?Many thanks.

dustydog - 7 January 2012 @ 12:04 PM

My neighbour's tree is very nearly as big as our house and it cuts the signal out for our sky we haven't been able to watch it since july this year but are still paying for it. We have asked them to cut it they say they don't have the money to and we understand that but there are 3 men that live in that house and not 1 of them has done anything about it. any help would be great. fi

fi - 14 December 2011 @ 5:53 PM

My neighbours tree fell into our garden, smashing our fence panels, decking and causing £1000 damage to the roof. They have removed the tree and fixed the fence but are insisting the rest has to be claimed on my insurance - costing me £250 excess and effecting my premium.What are my rights in this case?

jdaniells - 13 December 2011 @ 6:01 PM

My house is built on a plot that's around 270sq mtrs, as is my neighbours house which is a rental property.There is a large gum tree in the rental property which towers over the surrounding 4 houses. Can the owners be forced to trim the tree down.Any storm we get has us all terrifed.

Crabit - 28 October 2011 @ 1:37 AM

can my next door neighbour remove the fences panels, which we have paid for some years ago.they are saying that they can,and are going to carry out the work. when I am at work so if I try to remove them, that I will be in the wrong.

CATWISEL - 26 October 2011 @ 7:25 PM

do i have the right to ask my neighbour to make arrangements and bear the cost of cutting back his overhanging trees, to do a good job we would rather get in a professional.

jobi1 - 25 October 2011 @ 6:42 PM

Neighbour's trees growing against our fence panel and buckling concrete fence posts causing panels to pop out. Have told neighbour to no avail. The branches are also growing in to one of our bedroom windows! What can I do legally to resolve this.

Ted'sgran - 21 October 2011 @ 8:38 AM

My neighbour got abusive when he realised we cut down his tree. We had a pool installed and to get the pool in, the tree was in the way. We were under pressure and didnt realise the implications until our abusive neighbour threatened us. what are his legal rights and can we be prosecuted.

cazza - 14 October 2011 @ 2:49 PM

My neighbours apple tree has apples that overhang into our garden and recently he complained that we were stealing 5 of them! Is this actually correct as I thought if it was overhanging in my boundary that this was actually acceptable.

myneighboursadick - 2 October 2011 @ 7:07 PM

My neighbours have tall trees all along their fencing, which puts our garden into permanent shade all day. Do I have any rights to sunlight? Am I entitled to ask them to cut down their height by a good 8-10 feet? I did ask last year, but although they "sort of" agreed to "do something" nothing has happened.

norma - 1 October 2011 @ 12:47 PM

The rear of of property is wide enough for cars etc to gain access to garages, the properties the other side of us are not allowed to use this access (Was stated in the contracts when buying and selling) to the rear of our property one house along we have a very very large tree which is now obstructing or vehicles getting to the rear pf our property.It has scratched one vehicle.She is saying she's unable to afford the money to have it cut down.It is not a public highway.Where do we stand in forcing her to have it cut back or removed

Sue - 29 September 2011 @ 5:07 PM

The garden next to our property is owned by the landlord who rents the house the garden is part of. We don't own any of the land other than a small footprint around our house. The garden we look out onto is well cared for, however, there are three trees all packed into a small space and there is an Acer withn a few feet of us and we have had to ask for branches to be cut down as they were in growing up against our windows. We moved in almost 4 years ago and the trees have increase in height since then, having never been cut back. We know we cannot cut anything off, but if the owner would reduce the trees, they would still look attractive, without us having to put our lights on most days as we do now. The Acer is a lovely tree, and is changing red into the autumn colours as I write. I'm not after having them removed, just managed. Is there anything we can do to encourage the owner to consider it? My husband said he would even trim the trees himself, but there are power lines and telephone lines that the tree branches are already growing through, another hazard in itself. Any advice gratefully received, many thanks

Siouxie - 28 September 2011 @ 4:21 PM

I live in a block of four houses with three of us that own our houses and one that rents from the council we have a drive that runs down the side of the rented property that leads to the properties garages.The drive is quite narrow and the the rentee has now grown climbing plants up the side of his house making access up the drive more difficult we all have a quarter share of the drive (apart from the rentee ) this quarter is owned by the council.Am I within my rights to cut down this climbing plant as this encrouches basically my property as well as the other two owners. I have approached the neighbour about this and he will not cut it down. I have approached the council about this too and they have washed there hands of it. The drive will get even smaller if this growth is allowed to get bigger ,myself and a neighbour have already damaged our vehicles because of this "please advise"

wangeroo - 18 September 2011 @ 6:46 PM

I have just received a letter from my neighbour informing me that my tree is a danger to his house, and that I am therefore liable for any damage caused by falling branches and the like. His letter goes on to say that this is a formal notice that he will be holding me responsible for any damage to his property from this tree. I have employed the services of a reputable Tree Surgeon who each year trims branches, thins canopies, making sure it is balanced on all sides and properly inspect the tree to make sure, as far as is possible, that the tree is in a good condition. The tree is not deemed to be dangerous by the Tree Surgeon, and was in situ long before my neighbours house was built. Where do I stand legally as I feel I have done every thing reasonably possible to prevent an accident? Grateful for your advice

Spud - 12 September 2011 @ 11:05 PM

Is there any limit to the height a neighbours tree can be (it is about one foot from our fence)?

Espen - 2 September 2011 @ 12:01 PM

My partner cut back part of our neighbours tree which is overhanging our garden, without asking permission. The said neighbour now informs me that she has been to the police and is going to prosecute us for cutting a branch of her tree, which was on our boundary. Is this genuine, or is she delusional? Many thanks

cuddles - 30 August 2011 @ 10:14 AM

My neighbour is a housing assciation tenant and we live in a terrace with about 4 yards of front garden. My neighbour has a sycamore tree that is higher than the house about 1 yard from the fence and most of the tree overhangs our garden. A few very lower branches were lopped a few years ago by them, but the tree is totally out of all proportion for a garden of a few yards. My husband and I are registered disabled and fall on the wet leaves and cannot clear them away. We live in constant dim light despite having large windows both upstairs and downstairs and we are now having issues with roots cracking our pavements and have had to have them repaired. Is it likely that this tree is protected and unabled to be pruned or lopped? Our home will probabably be lopped by it within the next couple of years. What are our rights?

rosie - 22 August 2011 @ 12:45 PM

Hi, my neightbout keeps cutting our plants and thorws garden rubbish on our side and neighbouring properties (we share a driveway and cross leased section), he also planted big plants in front of our garage,so we cannot turn out cars anymore because of the plants being too big even to run over,slo digging the grass besided the concrete driveway leaving huge gaps where you can have your car stuck if the wheel goes off the driveway.We tried talking,citizens advise berue,police (for Fear & intimidation),what to do?

Anina - 20 August 2011 @ 1:51 AM

My next door neighbours have a large tree close to both our houses. I think the tree is growing under my kitchen and growing through my kitchen cupboards. The owner is a landlady who I have never seen. What should I do? Will it be up to my insurance to cover any damage? Or is it her responsibility?Thanks.

Alex - 7 August 2011 @ 3:38 PM

It's not an offence to return the branches as they belong to you. Therefore, your neighbour is acting lawfully in returning them.

ProblemNeighbours - 4 August 2011 @ 1:31 PM

Thanks for the comment problemneighbours.However, is it an offence to return the unwanted branches?

towndweller - 4 August 2011 @ 1:23 PM

Although it would have been considerate to let you know that he was going to cut back the overhanging branches, your neighbour has acted lawfully by passing them back to you as it's an offence under the Theft Act 1968 to keep them.

ProblemNeighbours - 3 August 2011 @ 9:17 AM

Our neighbour has chopped branches off our tree on the boundary between us and thrown them onto our garden.He didn't indicate his intentions beforehand or say that the tree was a problem in any way.We now have unwanted wood to dispose of.Can we deliver them back to him?

towndweller - 2 August 2011 @ 12:28 PM

In response to Marny. My property backs onto a council owned property which has a huge tree that put my south facing garden in the shade all day. As I was unable to speak to the tenant as he was never in, I contacted the Council. They gave him something like three weeks to have it cut down at his expense. As you are a council tenant contact your council and I am sure that they will enforce the cutting of this nuisance tree.

teebeb - 23 July 2011 @ 8:50 AM

My neighbours trees overhand our garden. I am disable as well as my husband. Our light into our conservatory is blocked and our gutters get clogged when the trees start to lose their leaves. My husband and me are pensioners, and we find it very dangerous to walk on these, sometimes wet, leaves to our invalid buggy. We rent our home from a private landlord, I believe if we contact the local enviorment department, they might be able to ask this neighbour to do something about it. Is this the case? Thank you.

sheanach - 20 July 2011 @ 11:57 AM

A tree from our garden has branches overhanging over a neighbouring garden, they did not once ask us if they could cut the branches down and then threw the branches cut into our garden still with no contact to us, is this fair that we have to remove the debrie?

middy - 17 July 2011 @ 3:10 PM

Your neighbours are legally entitled to remove overhanging branches that are on their side of the property, and you have consented to some pruning. Talk to your neighbour and ask that they do not cut back any more of your tree. Hopefully this will resolve the issue.

ProblemNeighbours - 7 July 2011 @ 10:17 AM

Can anyone offer advice? In early June my neighbours dad(yes my neighbour is in his mid 40's and does nothing himself) asked if he could chop off a branch on my apple tree as it overhangs in their garden. I agreed to 1 branch being removed - now over the course of 5 weeks they have removed another 4 branches without my permission the latest being yesterday whilst I was at work. I'm fuming as they didn't ask, (and hacked the branches off!) Can they actually do this without my permission?

firefox74 - 6 July 2011 @ 7:32 PM

I am a council tenant and my neighbours are owner occupiers. They have 6 seriously overgrown evergreen trees which overhang by approx 6 feet into my garden, blocking my washing line and sunlight onto my drying green. There is also wood pidgeons nesting in the trees, which wake me up every morning during spring/summer at 4am as they are directly outside my bedroom window, due to this I lost my hairdressing job because of making mistakes due to lack of sleep. I have been to see the local housing officer who has on a number of occasions asked them to cut them back. On one occasion they told her that they do not have the equipment to do so, and on that same day cut back the trees on their side of the fence and left my side. I have also had the estate management team look at the trees and they told me that they cannot do anything about this issue. I refuse to cut the trees back myself as these people are too lazy to do it themselves and as I myself do not have the proper equipment - ladders, saw etc. They are also far too high for me to do so. I would like to know who I need to contact to make them cut the trees back or down?

anon - 14 June 2011 @ 9:14 AM

My neighbours have just built a decking and splash pool in their graden and are now asking for us to chop down the fully grown cherry tree as it is causing a nuisance with regards to falling cherries and bird poo.Do I have too? Our gardens are large and they could have built these away from the 50 year old tree, what did they think would happen as they have lived in their house for 20 years plus

Monty - 10 June 2011 @ 8:57 AM

My question is on behalf of a 90 year old lady neighbour. Her back garden facing west is overshadowed by a Willow about 40 to 50 ft high. The tree stands in a garden to the rear and 75% of the branches lean out over our neighbours land. To cut back as the law allows is out of the question for this lady as the cost would be very high. At 90 years of age she could do without the stress of blocked gutters and leaf clearance this tree generates. Have you anything constructive I can pass on to her please. We are talking about thick branches not just small twigs here.Regards. J. Walton.

n/a - 9 June 2011 @ 7:06 PM

In my back garden which ajoins another property stands a Eucalyptus tree which stands at least 50 feet tall if not more. It now spoils the enjoyment of my garden in that it completely blocks out the sunlight whilst the sun is behind the tree, casting the house and garden in complete shade. I am not the only neighbour who thinks this, what are we able to do about this problem ?

anon - 8 June 2011 @ 8:44 PM

My neighbour has contacted his solicitors regarding a tree in my back garden. He says its affecting his sky tv signal and overhangs his garden a little bit. Is there anything i can do ? What are my rights ?

andyb - 30 May 2011 @ 12:44 AM

I have an empty house next door whos garden joins mine the problem is they have planted small tree palnts before they left they have now dyed and blown over and are lying on my garden can I remove these as I have no body to contact on the matter as it ia a bought house that has been abandoned

nn - 29 May 2011 @ 6:02 PM

My back garden adjoins land belonging to our village parish council. On the other side of the fence stands a horsechestnut tree which, in my opinion, has grown out of hand and stands approx 60 feet tall. I have requested on several occassions over the last few years that the parish council get the crown of the tree reduced but they have so far refused. It is now completely spoiling the enjoyment of my garden from mid-afternoon for the rest of the day, in that it completely blocks out the sunlight whilst the sun is behind the tree, casting the garden in complete shade on an otherwise bright sunny day. What am I able to do about this problem?

Adgee - 20 May 2011 @ 4:32 PM

We live next door to council maisonettes and they have a very large apple tree that overhangs into our garden, it is so large it touches our roof which has caused a wasps nest in our loft. I would say at least 80% of the tree overhangs our fence, my problem is that alll the apples from the tree fall into my garden! They are cooking apples so big and one has actually hit my 3 year old son on the head! What can I do about this?

Terrie - 19 May 2011 @ 2:26 PM

If you have any issues with local authority trees, you need to contact your local councilmen and lodge the complaint. The council then has 5 days to respond to your complaint from the moment they receive it.

MR X - 16 May 2011 @ 8:10 AM

I live in a council property as does my next door neighbour, they have a tree, which is overhanging my garden by about 6 feet and forcing through my fence. Each year I have asked them to cut it back and I'm told that they don't want to cut it, it's a tree and should grow where it wants. I've tried to tell them that it's their responsibility but they won't so I have to cut it back myself. This year I cannot do it, for health reasons, and it has grown to about 20 ft high (its an Elderberry) I can't see/walk to the end of my garden. They say the law doesn't apply to council tenants. Help Please.

Marny - 9 May 2011 @ 4:45 PM

Over the weekend I discovered that my neighbour has not just cut back overhanging branches from my apple tree, whilst he had his fence panel down, has cut a number of branches back to stumps, approx 1ft into my propety. What was once a very pretty old apple tree, now looks absolutely ghastly. He neither asked me if I could arrange it, asked or advised that he was going to do it. What do I do?

LittleMiss - 26 April 2011 @ 12:59 PM

If a neighbour cuts down plants that took 10 years to grow and cuts the growth that has twined round their side of the fence, what are my rights?

vangie - 7 April 2011 @ 8:51 PM

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