One Reddit user recently asked whether they could cut back a neighbour's overgrown trees and plants that overhang into their garden, after their requests to the neighbour were ignored. The question drew a wave of responses, with several people pointing to the same legal framework. It is not the first time the topic has come up; previously, four experts shared tips on how to deal with an overhanging tree.
Under UK rules, you are allowed to trim branches or roots that cross into your property from a neighbour's property or a public road. However, you can only trim up to the property boundary. Going beyond that could be treated as damaging your neighbour's property and could lead to court action.
What you can and cannot cut
The law is clear that you must not damage the tree or plant. One Reddit user explained: "Yes you can cut them back to your boundary, as long as you don't damage the plants. You have to offer to return anything you cut but, if they don't want it, you need to dispose of them. You can't throw them over the fence as it would be fly-tipping."
Another added that you cannot kill any tree or plant that belongs to your neighbours. For example, if a trunk curves into your garden, you should not cut into it as that could risk the whole tree.
Clippings still belong to your neighbour
Even after you cut them, the branches, leaves and fruit remain the property of your neighbour. The official guidance says you should offer to return them. If your neighbour does not want them back, you are responsible for getting rid of them yourself.
You also should not step into or lean over onto your neighbour's property to carry out the work without permission. Doing so without consent could create its own legal problems.
Protected trees and conservation areas
As the UK government website states: "You can trim branches or roots that cross into your property from a neighbour’s property or a public road. You can only trim up to the property boundary. If you do more than this, your neighbour could take you to court for damaging their property. If you live in a conservation area, or the trees in the hedge are protected by a ‘tree preservation order’ (TPO), you might need your council’s permission to trim them."
If a tree is protected by a TPO or stands in a conservation area, cutting it without prior written consent from the council can be illegal and can lead to hefty fines. It is therefore wise to check with your local council's planning department before starting any work.
Talk to your neighbour first
While legal action is possible, the advice is to speak with your neighbour before cutting anything, to see if an agreement can be reached. If you have any concerns, you can contact your local council for further assistance. More detailed guidance is also available on the UK government website.
