Cutting back overhanging branches
You have a common law right to cut back tree branches that overhang onto your property. Always discuss with your neighbour before doing so.
- Any branches you cut off belong to the tree's owner. Ask your neighbour if they want them back or are happy for you to dispose of them.
- Do not throw trimmings back over the boundary: this could constitute fly tipping.
- Fruit on overhanging branches still belongs to your neighbour. Picking it without permission is theft.
Neighbour cut my trees right back
My neighbour recently contacted me to say she was going to get the overhanging branches from the large tree in my garden removed and that some branches may end up in my garden. I said I didn't have a problem with her removing any overhanging branches.
I got up this morning to find that my trees had been basically chopped down. The overhanging branches were indeed removed but right down to the tree trunk! I now have a line of bare tree on my side. I understand that they have a right to cut back to the boundary line but these trees are not on the boundary line, do I have any rights regarding this situation?
- When pruning a neighbour's tree, take care not to damage it beyond your boundary. If you do, they may claim the replacement cost of the tree.
- Check whether any trees are subject to a preservation order: your local authority can tell you. Cutting down a protected tree is an offence under sections 210 or 211 of the Town and Country Planning Act 1990.
Can we invoice neighbour for tree cutting?
There is a 20 metre long fence between us and our neighbour with a wall of fir trees growing on the neighbour's side of the fence. We hired a gardener to trim the fir tree branches back to the border of the fence. Can we send the Invoice received from the gardener to the neighbour?
If you cut overhanging branches yourself, you pay the cost. Your neighbour is not obliged to contribute, though you may reach an agreement. You have no right to enter their property to do the work without permission.
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Trees that do not belong to anyone?
We have several very large trees surrounding our garden who we have been told do not belong to any one we want them cut down just a small amount who can we get to do this. We have phoned the council but they've not been much help.
Trees that form part of a boundary
The boundary line between our house and our neighbour's is clear and undisputed. It presently consists of a wire fence. However, there are some very tall cedar trees planted many years ago on our neighbour's side of the boundary, but close to it.
These trees are essentially on our neighbour's land so we do not feel we have a responsibility to maintain them. Our neighbour, however, feels they are our responsibility as they form part of the "hedge" line to the left our property when viewed from the front. Who is right?
A tree belongs to whoever owns the land where the trunk grows, even if branches or roots spread onto another property. The owner must maintain the tree so it does not become a hazard.
If a tree sits on the boundary line, check your title deeds for ownership. If the deeds are silent, both owners share responsibility and neither may fell the tree without the other's consent. You can check title documents via the Land Registry website or by calling 0844 892 1111.
- There is no "no man's land": all land, and therefore all trees, are owned by somebody.
- A court can decide ownership if you cannot agree, but this is expensive. Reaching agreement with your neighbour is usually the better option.
Your situation may be slightly different. ask a question below ↓ and our editorial team will reply with our advice.
Damage, fallen leaves and right to light
Council owned trees damaging my property
Adjacent to my house is some green belt land owned by local council. On this land there are some large trees, 3 of which run adjacent to my property. Last year the council agreed to prune back the lower branches of the trees but only up to 20 ft in height. As a result, the branches at the higher level have continued to grow and some of the branches now virtually touch my property.
There are a large number of leaves coming off these trees and causing blockage to guttering etc. I am also concerned about the potential damage if one of these trees fell in the high winds. What legal position do I have?
You cannot force a neighbour to remove overhanging branches or fallen leaves. If they cause excessive damage, you can sue for the cost of repair. Try to resolve disputes amicably before going to court: litigation is slow, expensive, and you still have to live next door.
If damage results from an Act of God, such as a thunderstorm, and was not foreseeable, your neighbour will not be liable. For severe damage, contact your buildings insurer.
- Falling leaves, fruit, flowers and pollen are annoying but not a legal nuisance. You cannot require your neighbour to prevent or clear them.
- Responsibility for clearing fallen debris lies with the property owner or tenant.
Neighbouring trees blocking our light
A property we are thinking of purchasing has quite a few trees in the back garden which completely block any sunlight. Some could possibly have preservation orders on them. Is there any way we can have these thinned or removed. Does our right to sunlight override that of a preservation order?
Under the Rights of Light Act 1959, a property that has received daylight for at least 20 years may be entitled to continue receiving it. You could apply to court to restore daylight blocked by a fence or trees. If trees have a preservation order, the property likely has no established right to light. Protected trees can usually only be pruned if they become dangerous.
- There is no right to direct sunlight, only daylight: roughly equivalent to the light of one candle at one foot.
- You have no right to a view, nor any right to object if trees previously screened an undesirable feature.
Dangerous trees
If a tree appears diseased or at risk of falling, contact the landowner. If the land belongs to the council, ask them to prune or fell it.
If the owner refuses to act or cannot be reached, contact your local council's Environmental Health Office. The owner has no strict duty to act but will be liable if a tree they knew to be damaged causes injury or property damage.
Where a tree poses an immediate risk, Environmental Health may invoke the Local Government (Miscellaneous Provisions) Act 1976 and serve notice on the landowner to make the tree safe. If the owner fails to comply, the council can do the work and charge the owner.
@MrTink Sounds like a straightforward case of damage caused by the tree surgeon, and the liability sits with them, not your neighbour, since they were the contractor doing the work. Send a written letter (recorded delivery) to the firm setting out the damage, attaching your photos and a quote for repair, giving them 14 days to respond. If they're not insured or just ignore you, you can take them to the small claims court online for under £10,000, it's fairly cheap and you don't need a solicitor. Check Companies House and any trade body listings too, that often flushes rogue traders out once they realise you're serious. Keep every bit of correspondence in writing from now on.
Neither the firm (which looks suspiciously like a rogue trader) or the neighbour are offering to repair or pay for the damage. What can I do?
I'd be annoyed too - eucalyptus trees grow absolutely massive and they're not bothered at all. If the tops are bending over your fence in wind then that's your call to sort out. Just trim it back to the boundary line and you're fine.
Only thing to check is if there's a tree preservation order on them - unlikely if they only planted them in 2020 but worth a quick ring to the council just to be safe.
The sun thing is frustrating but there's nothing you can do about that unfortunately. Gardens don't have any right to light. But the damage risk to your fence is a proper concern and gives you every right to cut back what's coming over.
But i had a visit from a garden/tree surgeon company that used to work for the previous owner who informed us , that our neighbor tree is to close to our foundations and he has been warned about this. How do we check? What should we do?
We have a problem with a mouse infestation in the roof space. My neighbours tree is overhanging (and resting on the tiles) of our converted garage, the pest control people say that trees near to eaves and guttering are a well known way for mice to enter buildings.
I will arrange for a tree surgeon to remove the overhanging canopy, but I'm wondering if I also have a right to remove any vegetation that is with in 6-8inches of the gutter - this is the distance the pest control people have specified as a 'firewall'.
I've written to the neighbour and said that I will have the overhanging tree professionally removed, an asked for their agreement to cut back a bit extra. No response yet.
Is there any legislation, say relating to public health issues, that would compel my neighbour to allow me to remove the 6-8inches of vegetation that could serve as ingress for further infestations in my property. I have approached the neighbour in a friendly way, and hope they respond favourably, but I'd like to know what my rights are in this matter.
Thanks
Infestation in our attic due to the acorns from both trees over hanging that corner of the house it had cost me £800, for exterminator and roofer to patch holes+gutter covers over some parts of the guttering, this year a further £80 as the down pipe was blocked with acorns and over flowing over the top. I have spoken to neighbours a few times who will not trim the tree back. They have trimmed the mid to lower leaves once since we have been living here 7 and a half years ago. We have mountains of leaves that have stained my paving and are a nuisance as I can’t spend every weekend clearing them. I have been clearing some over to them as the wife agreed. But really need them to look at trimming the tree again. I believe they can trim 2m off the ends and top?? What can I do if they keep refusing to trim the tree??
It is becoming a real problem, I don’t get enough sunlight to grow much veg in the summer etc.
Neighbour is old and sick and always in Hostpital or care home. No other family members.
We writes to council and they says trees are not registeed and consult to
private lawer
please advice
Hoping for some help.
Behind my residential property, at the end of the garden is a slither of council-owned land, which is approx. 5m wide widening to 10m later down behind my other neighbours rear gardens as you go down the hill. This slither of land is almost vertical (sheer). In this slither, directly behind my property, there are around 15 large trees close together, ranging from 5m (15ft) high to 15m (45ft) high. Further down the slither of land, directly behind other properties this thins out dramatically to around 1-3 trees at the rear of other properties. In the summer we get around 2 weeks of full garden sunlight. The rest of the year we obviously get a lot less. From September to November, we hardly get any sun in the garden. The volume of leaves and helicopters (seeds) that fall from September onwards is massive. The seeds grow throughout the spring in their hundreds, everywhere. The paving and decking to the rear is extremely slippery/dangerous due to this. Everything below the overhanging tree branches in our garden is rotten, unusable, stained, and slippery and it's not possible to do anything in this area. I want to have a garden room built for an office, but because of all this, I don't see it being possible as after a year, it will be rotting. Cleaning this up regularly is a massive task and I have a mild version of MS so this becomes tiring and difficult, not to mention slippery the entire time.
I realise I can request (and have requested) the trees to be lopped, however, this has made things worse as they grew thicker, exacerbating the issues further. I have also removed the overhanging branches as best I can up to a height of 2m, which is a tiny portion of the overall height of the massive amount of overhanging branches.
I've been in contact with the person in charge of the land at the council around 5 times, every 6 months, to ask if I can reduce the amount of trees and pay for this, as well as off-setting two-fold elsewhere in the local area. He never replies. So I am at a loose end. Obviously, due to my condition, it's becoming increasingly harder to work on clearing the gutters, jetwashing the walking areas and furniture, it ruins everything, etc. anyway you get the idea.
Does anyone know if what I am requesting is possible? Or if there is a way out of this without selling up and moving elsewhere, which I am considering due to the amount of work required.
He has denied ownership, even though our drive has only concrete surface and a wire boundary fence.
What would you suggest?
Our neighbor's apple tree is producing an excessive amount of fruit flies due to the uncollected apples and lack of pruning. Is there any action we can take regarding this issue? Perhaps seeking assistance from Environmental Health or exploring other options? Your help would be greatly appreciated.
Thank you.
My neighbour rents a council property and on the boundary is a large Ash tree which is overhanging my property outbuilding and patio.
I have contacted the council and the housing team about getting this cut back, its around 80ft high, branches are sat on my outbuilding roof, constant tree sap and bird foul on the patio being walked everywhere. I also only get the sun early in the morning then late afternoon as its behind the tree.
They have replied saying its ok to cut over hanging branches but don't un-balance the tree.
If I was to cut all over hanging branches and place them in my neighbours garden where would I stand?
Or what is the best approach on this?
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