Letter Template: Problem with Neighbour's Tree

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Letter Template: Problem with Neighbour's Tree

Your legal rights when a neighbour's tree causes problems

Under English and Welsh law, tree owners have a duty of care to ensure their trees don't harm neighbouring properties. If a tree is clearly dangerous and the owner knows but does nothing, they could be liable for any resulting damage.

You have the right of abatement: you can cut back any branches or roots that cross onto your property. You must offer the cuttings back to your neighbour as they technically still own them. You cannot enter their property or cut beyond the boundary line.

  • Tree owners must maintain their trees in a safe condition
  • You can trim overhanging branches yourself, but only up to the boundary
  • You cannot force a neighbour to remove a healthy tree just because you dislike it
  • Seasonal debris like fallen leaves is typically considered normal and not grounds for legal action
  • Trees covered by a Tree Preservation Order need council permission before major work
  • Trees in conservation areas also have legal protections

Before writing any letter, check with your local council whether the tree has protection orders. This affects what solutions are possible.

Informal and formal letters: when to use each

Start with a friendly letter. Many neighbours simply don't realise there's a problem.

Use an informal letter when this is the first time you're raising the issue, you have a reasonable relationship, and there's no immediate danger. A formal letter becomes necessary if your informal approach was ignored, the tree poses a safety risk, you need a paper trail for legal action or insurance, or your neighbour has refused to engage.

Informal letter template:

Dear [Neighbour's name],

I wanted to let you know about a concern with the [type of tree] at the [location in their garden].

For overhanging branches: Several branches have grown over into my garden and are now [blocking light/dropping debris/touching my roof]. I'd be grateful if you could arrange to have them trimmed back.

For a damaged or diseased tree: I've noticed the tree appears to have [dead branches/fungal growth/a significant lean]. I'm concerned it might pose a risk in bad weather.

For roots causing damage: The roots appear to be [lifting my paving/affecting my boundary wall/growing towards my foundations].

Would you be able to take a look? I'm happy to discuss this whenever suits you.

Many thanks,
[Your name, address, contact details, date]

Formal letter template:

Dear [Neighbour's name],

Re: [Type of tree] at [their address]

I am writing further to my letter dated [date]. I have not received a response and the situation remains unresolved.

The [type of tree] located [position] is causing: [list specific issues]

As the owner, you have a legal duty of care to ensure it does not cause damage or injury to neighbouring properties. I am formally requesting that you arrange for [specify: branches to be cut back / a tree surgeon assessment / the tree to be made safe] within [28 days, or 14 if urgent].

If the tree causes damage and I can demonstrate you were aware but failed to act, you may be held liable. I would prefer to resolve this amicably rather than involving solicitors.

Yours sincerely,
[Your name, address, contact details, date]

Send formal letters by recorded delivery. Keep copies of all correspondence.

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What to do if your neighbour still won't act

Exercise your right of abatement by hiring a tree surgeon to cut back branches and roots to the boundary at your own expense. Keep receipts in case you later pursue costs.

Contact your local council if the tree is genuinely dangerous. Councils have powers under the Local Government (Miscellaneous Provisions) Act 1976 to require owners to make trees safe. Contact your council's tree officer or environmental health department.

Use mediation to resolve the dispute without court. Many councils offer free or low cost mediation: quicker and less damaging to relationships than legal action.

Make an insurance claim if the tree has already caused damage. Your insurer may pursue your neighbour directly to recover costs.

Take legal action as a last resort through a civil claim for nuisance in the county court. The court can order your neighbour to remedy the problem and may award damages. Citizens Advice can point you towards free or affordable legal help.

Document everything: dated photographs, copies of letters, notes of conversations with dates.

Your situation may be slightly different. ask a question below ↓ and our editorial team will reply with our advice.

Getting professional help

For anything beyond minor pruning, use qualified professionals. Look for tree surgeons who are members of the Arboricultural Association or hold NPTC/City and Guilds qualifications. They should have public liability insurance of at least two million pounds.

Get three written quotes for significant work. A good tree surgeon can advise whether a tree is dangerous or diseased: useful evidence if the dispute continues. If the tree is protected, they can advise on the council application process.

Common questions

Can I cut a neighbour's tree that is overhanging my garden?

You can prune branches back to your boundary line, but only up to the line, and what you cut still belongs to them, so offer it back. Check first whether a Tree Preservation Order applies or the property is in a conservation area: if so, you need council consent before doing anything.

My neighbour's tree is blocking light to my home. What can I do?

For evergreen or semi-evergreen hedges over two metres, the High Hedges legislation under the Anti-social Behaviour Act 2003 lets the council step in once you have tried to resolve it directly. For ordinary trees there is no right to light protection in most modern homes, but you can still raise it informally.

What is pollarding and can I ask my neighbour for it?

Pollarding is the regular cutting back of upper branches to keep a tree at a manageable size. You can ask your neighbour to pollard, but they are not obliged to agree. If a TPO applies, even they need council permission, so consent is rarely automatic on a mature tree.

The Next Step

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Ask Problem Neighbours a Question
ProblemNeighbours Editor 23/05/2026 at 6:35 pm
@Margaretsmith42 Under common law you have the right to cut back any branches that overhang your boundary, but only up to the boundary line itself. Have a friendly word with your neighbour first, as they may not realise it's causing damage to your window. Put it in writing afterwards so there's a record, especially if the window ends up cracked. Note that any cuttings technically belong to them, so offer them back rather than chucking them over. If they refuse and the tree causes actual damage, that's when you'd look at a claim or speak to the council.
Margaretsmith42 23/05/2026 at 12:39 pm
Neighbours tree is overgrown and is banging on my landing window when windy
dee 12/07/2024 at 3:39 pm
My neighbous tree is hanging over my canopy the place is rented out and us a mess .i sweep up nearly very day.i have tryed to ask them to find out whose their landlord which they didn't know so they said.when i said ill get in touch with the council they were quick to give me a number which i have been trying for the last 3years and not getting any where.im on my own im in my 70 s the gutter s getting blocked i have been living in this house for over45 years and never seen a rat in my garden now there rats running around i have grand children coming over im scared to leave the garden door open.
Sharon 07/04/2024 at 1:57 pm
Hi we have recently moved into a brand new bungalow At the end of our garden in the neighbours garden is a massive tree it is stopping light into our garden dropping lots of dead stems but more importantly it is so high should it come down it would most definitely hit our house. The new bungalow has been build on farmland therefore before the house with the tree in it was probably not a health and safety issue. We spoke to the owners of the property they are renovating the property ready to rent it out initially they said they would either cut it down or cut it back and bring it to the height of the fence. However now the they have said they will not be doing anything at all. Can we do anything about this? As it really really is a great concern for us and also is stopping us have light in our garden and the back of the house which is our lounge.
kaz 21/09/2023 at 1:05 pm
we have a big problem with a large birch tree that is at the bottom of my neighbours garden and hangs over on to our road and covers the car with seeds my whole garden is covered in them and my windowsills are also covered I have to sweep my paths and patio everyday and hoover up everytimecwe come in the house as they gather on my rug and steps its affecting my mental health and considering moving which I really don't want to do I spoke with them last yr and refused to remove the tree and trimmed the end of 3 branches which made no difference at all its really getting me down
ProblemNeighbours Editor 17/05/2026 at 10:11 am
@Horribletree If it's a Highways tree, push harder. Write formally to the council's Highways department (not just a phone call), citing the nuisance, damage to paving and fence, and the impact on your parents' health, and request an inspection under their duty of care. Include dated photos and a repair estimate. If they still refuse, escalate to the council's complaints procedure and then the Local Government Ombudsman. They can also lawfully prune anything overhanging the boundary back to the property line at their own cost.
Horribletree 18/06/2023 at 1:15 pm
Hi,

Parents, have moved to a bungalow, with massive tree on the path to the side of the house. It is huge bigger than a 2 storey house. It drops catkins all over the garden, you can sit and have a cup of tea without then falling into your drink. It has ruined the new paving slabs and fence with a black oil type sap. They find it difficult to clear up the catkins and leaves and it affecting their well being. Apparently it is the Highways agency tree, but they will not do anything about it. They have no right to light etc.

What can be done? There is no tree preservation order.

Any advice would be great.

Thank you
DELCH 03/04/2023 at 12:05 pm
When will the council ever do anything for all us poor people who have to put up with neighbours trees, overhang, damage, bird poop … it’s disgusting! The laws must change immediately… so fed up
DELCH 03/04/2023 at 10:43 am
We’ve had ongoing issues with a schools trees behind our house. They are so big. Well over 6ft, double. The school recently had a tree pollarded because the tree was hollow at the base (dangerous for us , staff , parents and children ). We have one huge oak which I’ve already paid once to have pollarded, of course that grows and after 2 years we have more growth shading us and another tree which is 70% over mine and my neighbours and we’ve asked for almost 2 years for the school to look at that one tree as we have damage to our shed from constant foliage, birds droppings and staining of foliage. It’s terrible especially as we’ve paid a lot of money to landscape our garden for disabled. My neighbour has the same issue as the tree is between us. The school governor says we can only pollard the overhanging branches but this problem is short lived. We’d ideally like the tree to come down. What’s the best approach please ? Governor is quite adamant and rude. We’re really civil but they aren’t understanding the issue will always be upon us to pay as the school won’t ! Help.
Nici 21/05/2022 at 8:40 pm
My neighbours tree started to lean over last October, I went round to see her to explain and she said she'd sort it. Roll on to storms in February and it's damaged my shed. Again I went to see her to say what had happened and that it needed to be removed, and I would try to repair my shed once its down. 3 months on and nothing has happened. Contacted citizens advice who suggested I write to her. The only response I've had from her is intimidation. If I hear nothing by the middle of the week I'm going to write again suggesting we go to mediation however I don't think she'll agree. I've looked at the tree today and it's literally millimetres from my shed roof. And ive checked the shed but it's too big a job for me to repair. I really need to know where I go next
Unhappy 01/10/2021 at 12:29 pm
Hi..same issue as others on here huge neighbours tree over hangs our back garden and pigeons sit on over hanging branches and poo into our garden how nice..I have contacted neighbours and have had no joy with discussions about this as it’s at the bottom of there garden and not on there priority list yet to resolve? Any ideas would be appreciated? Thanks
Jess 22/06/2021 at 2:28 pm
The house next to us has been empty for 8 months, since the last tenant moved out. She had lived there 60 years. The property is owned by people from london, we are located in Kent.
There is a very tall silver poplar growing against the wall dividing our gardens. We only have small courtyards and the tree is about 40foot high, above the height of the houses. Its about 6foot away from our house and the entire tree moves in high winds, all the way down the trunk.

We are very worried about this tree damaging our house but we dont know how to get hold of the owners of the house?

We have no clue what are options are here. I emailed the council but they said its nothing to do with them.
Chris 19/06/2021 at 1:24 pm
I have a row of conifers at the front of my property, just inside the wire fence. My neighour has been cutting the top of the trees and coming onto my property, without my permission, and cutting the front of them as well. Last year I asked him to stop doing this as they are on my property and he does not have permission to do so.He said he thought he owned them and I pointed out that they were on my property. He agreed to seek permission if he wanted to cut the tops and that he wouldcease cutting the front of them. I have just come home and he has cut them again, top and front. I don't feel I can talk to him again as he is clearly taking no notice of me. How should I proceed? I only want to get a solicitor involved as a last resort.
Magdi 09/06/2021 at 9:15 am
A large tree located front of house on the pathway (I.e.. belong to Penrith council) and it drops all leaves in autumn, I can’t gather the mentioned leaves lately as I am 75 years old and I suffer from heart failure and I couldn’t bend over as it cause me a dizziness which can cause me drop on front yard
I have been calling Penrith council for the last 3 years and there’s no help from them as the tree is in good health but I’m not to look after it and it makes the street untidy

Pleas advice what can I do
Pat 03/06/2021 at 2:43 pm
My neighbours tree has not been pruned/cut back for 8 years. It is now over 11 metres tall. Overgrown overhanging and blocking out the light. The roots have destabilised the fence which is leaning into my garden, the tree not only overhangs but two fence panels are down leaving me with no privacy. They gate has now broken and pulled my gate down so my gate no longer closes. The owners rent the property through an estate agency whom I have contacted on multiple occasions, they came out promised to get it sorted and told me the delay was due to the people renting being late with there rent all the time (breach of confidentiality) now I contact them and they say they are only managing the property and I should contact the city council. I have asked them to have the owners make contact with me but still nothing. What can I do ?
Brasilnut 08/05/2021 at 1:48 pm
I have the opposite problem, with an antagonistic neighbour who has cut back my tree to to the trunk and thrown the branches into my garden. He has also cut branches that do not encroach not his boundary.

I cannot find any definitive information about my rights as a tree caretaker. However, I am lead to believe, that he is required by law to offer the branches back to me. As throwing them over my fence, this may be constituted as fly tipping. Cutting the branches back that do not cross his boundary could be criminal damage. Any guidance will be very welcome please.
Jacko 01/05/2021 at 9:17 am
My neighbour has a tree that the roots have destroyed our boundary wall. I have sent him the letters posted above which he has trimmed the overhanging above ground parts. I have now found out his house is up for sell and our wall is still missing. I want to redesign our garden and I’m being stopped until this issue is resolved.
What is my best way of forcing them to repair the damage.
Sweets 22/03/2021 at 10:12 pm
Hi me and my son know that them next door neighbour we having living next door to us at 40b can't be doing all that putting up a fence going across in the back garden or planting tree's in the front garden or around in the back garden or throwing them rubbish into the back garden or throwing cigarette butt onto are kitchen window ledge.
Patrick Price 11/03/2021 at 10:32 pm
I am wanting someone from the council to advise me on getting neighbouring tree that is blocking my light and hangs over my property cut back
J.J 17/11/2020 at 9:49 pm
Neighbour has allowed 3 leylandi to grow to over 12meters high and 3 meters away from my extension wall. I’ve wrote to her twice over 2 years requesting they are pruned down or removed. Both letters ignored with no response or acknowledgement. Now I have structual problems and hired a structual serveyor who thinks it may be the trees. How do I enforce these trees be removed? I’ve contacted my local council before the damage happened, got a reply not their problem, wrote to the environment agency asking for help... reply, not their remit! I feel I’m at a loss as to where to turn for help. My relationship is untenable with this neighbour who owns the trees due to their dogs escaping out of the garden 3 years ago on (many occasions) and attacking my pet which resulted in its death. A protection order has been placed on my property by local dog warden which means if the dangerous dogs get out again and they are on their last chance, a fine of £5,000 will be imposed on them. Communication is nil between us. I’m disparate to resolve this situation as soon as possible so I can move forward. Any ideas would be so welcome.
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