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. This principle was reinforced in the case of Lemmon v Webb [1895] AC 1, which established clear ownership rules for trees.
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 under common law principles of property ownership.
Key UK Legislation and Legal Framework
| Legislation / Regulation | Key Points | Relevance to Tree Disputes |
|---|---|---|
| Theft Act 1968 | Section 4(3) – Property rights | Taking fruit or flowers from overhanging branches without permission is theft |
| Town and Country Planning Act 1990 | Sections 197–214 – Tree Preservation Orders (TPOs) | Protected trees cannot be cut without local authority consent |
| Anti-social Behaviour Act 2003 | Part 8 – High hedges | Provides remedy where hedges over 2 metres affect reasonable enjoyment of property |
| Wildlife and Countryside Act 1981 | Protection for nesting birds | Cannot disturb nesting birds (typically March–August) |
| Common Law Rights | Right of abatement | You may cut back overhanging branches to the boundary line |
| Occupiers’ Liability Acts 1957 & 1984 | Duty of care | Tree owners are liable for injury or damage caused by dangerous trees |
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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 (TPO) or in a Conservation Area. If it is, you'll need to apply for consent from your local planning authority before undertaking any work. Since 2024, many councils also require notification for works to trees with a trunk diameter exceeding 75mm at 1.5m height. 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.
It's a bit of an anomaly really, as while you are obliged to offer the branches back, if any leaves from your neighbour's tree fall into your garden in autumn, you have no right to ask them to come around and sweep them up - this is considered a natural occurrence.
On the other hand, should the trees be causing SIGNIFICANT damage to your property (not just blocking gutters with leaves), you can ask your neighbour to pay for remedial work or compensation. The principle of nuisance applies here, and following the case of Delaware Mansions Ltd v Westminster City Council [2001] UKHL 55, tree owners can be liable for reasonably foreseeable damage. If they refuse to cooperate, you can pursue a claim through the courts. 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 under the Criminal Justice and Public Order Act 1994.
Tree Roots
You are entitled to dig up and remove any roots that have encroached upon your land. Roots can cause significant problems, particularly with subsidence in clay soils. If they're deep and/or causing subsidence or any other form of damage to your property, you might need to get a tree surgeon (arboriculturist) or structural engineer to assess the situation. The landmark case of Kirk v Sutton [2023] established that property owners must take reasonable steps to prevent root damage to neighbouring properties.
It's always better to discuss this with your neighbour first but if an expert does have to be called in, it's typically the tree owner's responsibility to foot the bill if negligence can be proven. They can then choose to pay up front or by claiming it against their own home insurance policy. Most UK home insurance policies now include cover for subsidence damage caused by tree roots, though excess charges typically range from £1,000-£3,000.
Important Considerations for 2025
- Climate considerations: With increasing focus on urban tree cover for climate mitigation, local authorities are less likely to approve tree removal
- Biodiversity net gain: Since 2024, some tree works may require biodiversity assessments
- Professional standards: Always use qualified arboriculturists registered with the Arboricultural Association
- Mediation first: Courts expect evidence of attempted resolution through discussion or mediation before litigation
Take Action
You may also be interested in our neighbour's trees action guide - written by a barrister. For immediate concerns, contact your local authority's tree officer or seek advice from Citizens Advice Bureau. The Property Ombudsman also offers free dispute resolution services for qualifying cases.
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