Gardeners in England and Wales are being reminded that a little-known regulation governs the trimming of trees in their gardens, and breaking it could put them on the wrong side of the law. Trees provide colour, shade and privacy, as well as a habitat for wildlife including birds, but because they grow slowly, they can remain a potential issue for decades before becoming a genuine concern.
Disputes often arise when trees grow across boundary lines. While it is perfectly legal to cut back any part of a tree that overhangs your side of the boundary, there is a lesser-known legal consideration involved in doing so.
What the law allows
Natalie Welsh from HCB Widdows Mason said: "It can be really frustrating when branches or plants from your neighbour's garden start to spill over into your space. In England and Wales, you're allowed to cut back any branches that cross onto your property, but only up to the boundary line. Just make sure you don't step onto your neighbour's land or damage the tree itself."
Welsh advised having an amicable conversation with your neighbour before carrying out any work, making your intentions clear, particularly if you believe a tree surgeon may be required.
Cost and disposal responsibilities
Welsh added: "If the branches are overhanging onto your side, you're responsible for the cost of having them removed, not your neighbour. Once you've cut them back, you're also responsible for properly disposing of the branches."
"The cut branches belong to your neighbour, and you can offer to return them, but you mustn't just throw them back over the fence-that's fly-tipping, which is illegal."
Should your neighbour have no use for the trimmings, the expert advised that you are obliged to dispose of them responsibly, whether that means placing them in the garden waste bin or making a trip to your nearest recycling centre.
Boundary maintenance and legal advice
Welsh said: "The obligations for maintenance can change over time, and responsibility is often poorly documented. If any plans associated with the property show 'T' marks on the title documents (your conveyancer can advise you), this usually indicates the boundaries you are to maintain and repair."
"If there are no such 'T' marks and the title is silent as to boundaries, then it is usually the case that the boundaries are considered party boundaries." This means that responsibility for upkeeping the boundaries is divided equally between neighbouring properties.
In most cases, the expert suggested that a polite conversation with your neighbour could help clarify who owns a particular boundary, thereby helping prevent further disagreements or misunderstandings down the line. Welsh noted: "Boundary disputes can often become costly and acrimonious-if you're not sure about your rights or think things might get tricky, it's a good idea to speak to a legal expert first."
