When tree branches creep over your fence line or roots start damaging your foundations, knowing your legal rights can save you time, money and neighbourhood disputes.
If you're dealing with a similar situation and want to understand your specific rights and options, you can use our free Tree and Hedge Dispute Advisor.
Whoever owns the land where a tree originally grew owns the entire tree. This stays true even when branches spread beyond the property boundary or roots extend into neighbouring gardens.
Dealing with overhanging branches
You can cut back branches that overhang your property, but only up to the exact boundary line. This right is called "abatement" under common law: you can remove the nuisance without needing permission from the tree owner.
You cannot simply dispose of what you cut. The branches, leaves, flowers and any fruit still belong to your neighbour. Technically, you should offer them back, though many people skip this formality for small amounts of garden waste. Taking fruit or flowers from overhanging branches without permission counts as theft under the Theft Act 1968.
Before cutting, check whether the tree has legal protection. Trees covered by Tree Preservation Orders require council permission before any work begins. In Conservation Areas, you must give the council six weeks' notice. This typically applies to trees with trunk diameters over 75mm measured at 1.5 metres above ground. Breaking these rules can result in substantial fines.
You cannot enter your neighbour's property to cut branches on their side. This counts as trespassing.
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The law treats minor inconvenience differently from genuine damage. Fallen leaves, bird droppings, or blocked gutters are natural occurrences you must tolerate. Significant damage is another matter.
If a tree causes structural damage, blocks substantial light, or creates serious drainage problems, you may have grounds for a nuisance claim. The tree owner could be liable for repair costs and compensation, particularly if they knew about the problem and did nothing. Tree roots often cause the most expensive problems: clay soils are particularly vulnerable to subsidence when large roots extract moisture.
If you suspect root damage, you will likely need reports from both a structural engineer and a qualified tree surgeon. Most home insurance policies cover subsidence damage from tree roots, though excess payments are typically high. Document everything carefully: take photographs showing damage and its progression, and keep records of correspondence with your neighbour.
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Protected trees and wildlife
Tree work becomes more complicated when wildlife is involved. The Wildlife and Countryside Act 1981 makes it illegal to disturb nesting birds. The main nesting season runs from March to August, though this varies by species. Bats also receive strong legal protection: if you suspect bats roost in a tree, seek specialist advice before proceeding.
Boundary hedges over two metres tall that significantly affect your enjoyment of your property fall under the Anti-social Behaviour Act 2003. Councils can order hedge reductions, but only if you demonstrate you have already tried to resolve matters directly. The formal application usually costs several hundred pounds.
Resolving disputes
Most tree disputes can be resolved through direct conversation. Start by describing the specific problem and suggesting practical solutions. Put discussions in writing with a friendly follow-up email confirming what was agreed.
If direct conversation fails, mediation services can help before matters reach court. Citizens Advice offers free initial advice on neighbour disputes, and some areas have specialist mediation services.
For complex cases involving substantial damage or protected trees, you may need professional advice. Qualified arboriculturists can assess tree health and safety, while solicitors specialising in property disputes can advise on legal options. Your local council's tree officer can provide guidance on protected trees and planning requirements.
Courts prefer that parties attempt to resolve disputes amicably before resorting to legal action. Approaching your neighbour reasonably first strengthens your position if you later need formal remedies.
The neighbours Yew tree is right next to our boundary and hangs over our drive and to within 2 foot of our property. We can not park our cars beneath due to all the birds muck and moss that has completely overtaken. We have had to pay for damage to removed from the garage walls. One car is in garage and other two at the furthest point of the drive which is a nuisance and they still are covered with muck. This blocks are entrance into our home and we end up walking through bird ------ !!
The tree surgeon applied to the council last year for permission but was declined as would not cut one side only out side.
The neighbour is unreasonable and aggressive and would never pay. He has cut it himself previously without permissions. It also takes all the light from the kitchen and side of house. We don't feel in control of our own property and the drive needs re tarmacking which is not feasible in the current situation. Please advice.
However, i worry that the tree is too big now for the safety of our houses, especially the foundations. It certainly blocks light significantly in spring and summer. The tree is on their fence boundary with a small alley that runs behind the gardens here. Would the council itself have any responsibility for maintenance? When I asked they said this was a civil matter.
The house is rented out to tenants. When i asked about the tree recently they said the landlord had looked at tree maintenance & found it too expensive. So there were no plans to cut or prune. I had been reluctant to ask, as a few years ago i had to ask them to remove another tree which was in the corner of their garden by my fence. It had grown so much my fence was badly damaged.
At that point we came to an arrangement that if they removed the tree i would pay for my new fencing. I had hoped they would eventually take action with this larger tree, so far nothing has been done. I am not sure it would be safe to leave this issue for much longer.
Looking forward, I am more than happy for either the property owner to cut these back to our boundary (and dispose of the vegetation or give to us as they wish) or ask us to undertake the maintenance work (where we would ask for access and cut away all overhang and remove the debris, without paying a third party to do it).
My questions is, if they do not speak to us about it first and subsequently they choose to employ a professional to undertake the work, can they after the fact request us to pay for the work undertaken?
Next door has had a truck of men round today to chop his tree down - a branch of the tree has fallen onto our shed - the side of the shed has been blown out and the windows broken, the men say “it was falling to bits anyway!” They’ve offered to replace the glass. Where do we stand? What do we do? My husband or myself are in no state to be dealing with this emotionally or physically; he’s not even allowed to drive yet after the stroke so can’t go to the tip, we have nowhere to safely store the tools apart from the kitchen possibly, on and under the table. He’s not well enough to physically do all this anyway!
What can I do about this problem.
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