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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Try our Tree and Hedge Dispute Advisor free, here on this site →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.
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
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.
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
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.
What is my best way of forcing them to repair the damage.
Thanks for any info
How to go about writing it.
My neighbor planted shrubs on my property. I want to plant in that space. I have marked it with a string line and they have gotten a survey as well. My survey was spot on. It’s been weeks and they’ve made no attempt to move their shrubs. How would you suggest I proceed? Thanks, Krishna
I am one of three pensioners who live in a small terrace of cottages built
in 1986. our lane is 4 yards wide and on the other side is a large 1950's
house surrounded by large trees. But none have a preservation order on
them and were all planted as ornamental trees in the original landscaping. The
whole town centre is a conservation area, including our lane.
The owner is a lady in her seventies living on her own, she has other
property from which she receives a rental income. She is adequately funded
but is something of a queen bee in the neighbourhood and intimidates
a lot of people with her attitude.
This is in the centre of a small town and when viewed from Google Earth
one can see that the grounds of this house are a blot on the landscape in
that it is obviously an untended overgrown garden. Neighbours on
others aspectsof her grounds have all had problems with her and her overgrowing
vegetation. When they complain she just replies that it is their right to
cut off any overhanging branches at their expense. One of my neighbours
had to apply for planning permission on the owner's behalf to get a large
branch cut down which was rubbing against her phone cable, and pay
for the tree surgeon herself.
Our problem is that trees in her garden although within her boundaries have grown considerably since 1986 and they are now making our homes dark and the area in between (the lane owned and maintained by the council) damp and dark too. A holly
which must have been at most a 6ft bush in 1986 is now a tree taller than our house.
An ornamental acacia now towers above our cottages and the branches spread across the lane almost overlapping our rooftops, the roots must also be nearly at our footings too.
I do not want a confrontation with the lady, as she is an old hand at dealing with personal complaints. The chairman of the local council has personally recommended that we can take action on the basis of 'a right to light'. Others have suggested that the
environmental health office in the council may also have an interest.
The only problem with that is that we need to have a professional survey completed that will cost a thousand pounds. But as pensioners that is more than we can afford. So I wonder if there is any fund that can help us or do the RICS or similar body have a charity or NGO who support such work? TIA
About 3 or 4 months ago in 2019, I begin to see the tree branches from the house next door extending their growth into my sides of the house property yard.
Also every so regularly I would see empty plastic food snack packages enter my front yard that looks like they dropped in my front yard from the house address next door.
No argument, but how do I or local political people contact the house address next door to tell them to stop the problem of littering my sides of the address property with empty plastic food snack packages, empty plastic store shopping bags, sport balls, and over hanging tree branches into my yard house address property.
Brian Aaron, writing the complaint, address is 10120 Towne Ave., Los Angeles, CA 90003.
The littering address house next door, 10122 Towne Ave., Los Angeles, CA 90003.
Return your email answer to this house address problem.
House owner
Brian Aaron
Sometime ago, I left a comment on here with personal details accidently and asked for those running this organisation to take my comments down and instead they made fun of me, when my messages became more desperate (because it was a serious violation of one's rights).
I have since tried to report this via one route to Trading Standards but am going to try another route.
These people are actually bullies who are probably harvesting your details when you post and so obviously not to be trusted. They are probably of the same group of those who behave like louts with a setup to catch those who feel that they have reason to protect themselves anonymously. The people who run this website has a distorted mindset or so it seems as this way of thinking is misplaced sense of justice.
DO NOT TRUST THIS WEBSITE.
I went to city hall and found out who the owner of the lot was and using the above template to go by sent a letter to the owner by Certified Mail. As of today the letter was undeliverable ....where do I stand if doesn't get delivered or picked up and is returned to me? If I have more damage from those trees falling or any others as there are many what are my rights? Is there anything else I should do? Mail another letter by regular mail?
There is a row of mature Leylandia and Hawthorn running alongside the fence.This is forms part of the neighboring garden. The House is owned by a Trust and occupied by tenants, the Hedge has not been pruned properly for 2 years now and is currently reaching heights of 12 foot in places, grows through trhe adjoining fence over my path and gate.There is also an indication that the roots are lifting my pathway . The main sewer oulet also runs just below this path!I have informed tenants next door and the Housing trust as I have done my best to manage the hedge form my side,but am unable to reduce the height. This appears also to be futile if same hedge is not being managed form the garden in which it is located.
There has been no action on this for 6 weeks. I have read some of your articles which give some good advice,however having informed the responsible parties and no action is it really at my expense ,damaged tools .legal advice and any serious damage to property that I have to put this situation right?
I have already spoken with the neighbour, but we don't actually know them as they live in another street with just part of our garden having an adjoining boundary. They stated that the tree was already there when they bought the house a couple of years ago. They said that they had considered pruning it, but I have said that this is not where the main concern lies and that realistically the rate of growth could potentially cause further, considerable damage to our building, given the rate that eucalyptus grow.
The neighbours have an extremely long garden, possibly 500 metres and they rarely use the area of the garden where the eucalyptus tree is sited. I really don't think that they realise quite how close to our building the tree is and the damage that it's continued growth is likely to cause. However, I am keen to find a way to resolve this and do not feel that merely pruning the tree will resolve the longer term issues.
I have taken it upon myself to have two arborists quote for the cost of taking the tree down and disposing of it. This was with the intention of writing a letter and providing the quotations, with the offer of contributing £100 towards the cost. What would your advice be, as I don't want to cause problems but feel that this needs to be dealt with as soon as possible.
Thank you
So can you help me legally to get her to trim her tree. Thank you
"You cannot force your neighbour to remove overhanging branches or fallen leaves on your property. However if these cause excessive damage, you can sue them for the cost of repair. It is however always better to try to amicably resolve any disputes so contact the tree owner to discuss it. "
"If you are concerned that a tree is diseased or damaged and poses a danger due to having fallen, or being at risk of falling, you should contact the owner of the land on which the tree is growing. If the land belongs to the local council, contact them to request that the tree is cut down or pruned. If you are unable to contact the land owner or they refuse to take action, contact your local council's Environmental Health Office. The owner is not under any legal duty to take action, but will be liable if a tree they knew to be damaged caused damage to Property or injury to a person."
I contacted the council regarding this as negotiation is out of the question as these people after myself and my mom spoke to them about the trees then went and had a solicitors letter sent to me saying I was not able to touch their fence and this was because of some drawing pins in the fence, when I tried to approach them they phoned the police on me who told me not to approach them again. The council expect me to pay £433 to have someone come out and make a decision whether they should be cut, I am a disabled guy who lives alone and can't afford to pay this especially as it's no guarantee.
This neighbour had the cheek to have a go at my dad the weekend making a threatening statement as he was cutting some branches on my side to try and repair my shed roof due to age and damage caused my their fir trees. I am desperate and this is causing extra stress and making my health to suffer.
They have also damaged my path when they rushed to erect the fence before I moved in because I believe they have also stolen part of my land and after being advised through a neighbour who has contact with the previous owners sisters they had already done on the previous owner due to his poor health.
Any help or advice would be much appreciated
The branches are now over hanging a good 10 feet into our garden (there is a foot path between us and them).
As well as the loss of daylight, my main concern is that we have a pipe running through our garden and that the roots will hit this in the not too distant future.
What rights do we have?
Thanks.
I have consulted a tree surgeon / arborist who has confirmed the tree is not dangerous, there is no evidence of shallow roots and that the degree of pruning to clear any further overhanging branches could not be achieved without leaning a ladder against the tree or my fence. He gave me a quote for the work. I have told my neighbour that I'm not prepared to pay (for fear of setting a precedent), that it affords me privacy, that it is not dangerous or restricting daylight.
I have said he can pay but I'm not granting general consent for him to prune what he wants without talking to me further. Is there anything more I should do to avoid him ignoring my request and pruning the tree anyway?
Ask Problem Neighbours a question
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