What are my rights about my neighbours very tall fir tree which is only about 5 yards from my property? The tree was already existing before my property was built.
I spoke to the owner and he made it clear that he does not want it cut. Please help as it might damage my property.
Cutting back branches that overhang your property
If your neighbour's tree has branches hanging over your side of the boundary, you have the legal right to cut them back to the boundary line. However, this right is not absolute and may be restricted by tree preservation orders or conservation area rules, which are covered below.
You can only cut up to the boundary itself. Going beyond this, or entering your neighbour's property to carry out the work, would be trespassing. Any branches you remove technically belong to your neighbour, so you should offer to return them. The same applies to any fruit on those branches.
Before doing any cutting, check where your boundary actually runs. Property deeds often lack precise boundary details, so you may need to consult Land Registry maps or instruct a surveyor for clarity.
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Try our Neighbour Rights Checker free, here on this site →Check for tree preservation orders first
Some trees are legally protected, and cutting them without permission is a criminal offence. Tree preservation orders are issued by local councils to protect trees that contribute to the local environment. They can apply to individual trees, groups of trees, or woodland.
If a tree has a preservation order, you cannot prune, lop, fell or uproot it without written consent from your local planning authority. Destroying a protected tree can result in an unlimited fine, while lesser damage may attract a fine of up to £2,500. Always check the latest penalty guidance on GOV.UK before taking action.
To apply for permission to work on a protected tree, you will need to submit an application to your local planning authority. There is no fee for this, but you must wait for a decision before starting work.
Trees in conservation areas have automatic protection too. If you are unsure whether your neighbour's tree is protected, contact your local council's planning or environment department before doing any work.
Your situation may be slightly different. ask a question below ↓ and our editorial team will reply with our advice.
Roots causing damage to your property
Tree roots can block drains, crack walls, lift paving or affect foundations. If roots from a neighbour's tree are causing damage to your property, you may have a claim in nuisance against your neighbour.
You can cut back roots that have grown into your land, following the same principle as overhanging branches. However, removing large roots can destabilise the tree or cause it to die. If this happens and the tree was protected, you could face legal consequences. Getting professional advice before cutting significant roots is sensible.
Where roots have caused actual damage, your neighbour may be liable for repair costs. This will depend on whether they knew or should have known about the risk. Some home insurance policies cover this type of damage, but coverage varies significantly between providers and policy types. Check your own policy details as a first step.
Talking to your neighbour
Legal rights aside, a conversation often resolves these issues faster and with less stress than formal action. Many neighbours will agree to trim a tree themselves once they understand the problem. They may not have noticed the overhang or realised it was causing you concern.
If initial discussions are unsuccessful, you can put your concerns in writing. Keep copies of any letters or emails, as evidence of attempts to resolve matters amicably will strengthen your position if the dispute ever reaches court.
Mediation is another option worth considering. Community mediation services operate across the UK and can help neighbours reach an agreement without legal proceedings. Your local council or Citizens Advice can point you towards services in your area.
If the dispute involves a hedge rather than a tree, the high hedges legislation may apply. This allows councils to intervene where hedges exceed two metres and affect reasonable enjoyment of your property. Your council's website will have details of the complaints process and any fees involved.
For detailed guidance on tree disputes and your legal options, the Royal Horticultural Society and Citizens Advice both offer practical information tailored to UK residents.
The girth of one of the trees has naturally increased and now touches my back fence. Over the coming years it will undoubtedly continue growing and I suspect will break my fence and damage some raised borders in my garden which are just in front of said fence.
There is no house on my neighbours land at the moment and the woman who owns the land seems very reasonable however the council are extremely protective of this group of trees (even though they are quite unsightly and of mixed health) and I suspect they will push back against any removal of the tree.
What is my legal position regarding trees which are protected by a TPO, but which are (or will) cause damage to a neighbouring property?
Replace the fence all around my boundary years ago. Some neighbours pmabtes trees 10 years ago, leylandi and conifers and acers, which have grown huge. They also put Cane on my fence But didn’t ask us. The trees are now overgrown they have pushed to the fence and offence fence The trees are now overgrown they have pushed to the fence and the fence is now wobby and brealing only in the parts where the trees are.
The houskng association said that they have no garden regulations or policies and that disputes over fences is between the neighbours not them, why should I have to pay for fence replaced with a new fence for it to be damaged by their tenant?
There is another beighnour whos has the same problem, The tree is broke the fence at the back of her garden and it took them five years to move the trees and they let her pay for a new fence when it shoukd have been bernicia/tenant as they broke it.
I think it’s on fair that let the tenants Plant trees in that aren’t maintained that aren’t kept within the height that makes it easy man to maintain and allows it to grow and push over fences on neighbours boundaries. This is a small garden.
Delete any of us do what I like and then brush off of responsibility and it’s not fair I don’t wanna pay £2400 for a new friends in six months time for Trees to be doing the same thing again.
Can you please advise us of what our next course of action should/can be?
Many thanks
Barry, Swindon, Wiltshire, UK
My neighbour, which is a church, has a tree in his garden. The tree is quite tall and its branches are laying over my roof and creating moss over the roof. I know had to hire someone to come in and scrape of the moss from the roof floor. I haven't approached my neighbour yet as I have been cutting bits and pieces from my side in the past but now some of the branches are too high for me to safely perform the trimming. By law should my neighbour maintaining his/her tree and be held liable for the moss? I wanted to ask before I approach them. Many thanks.
Thank you x
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