
That beautiful tree in your neighbour's garden might be the source of your next major headache. When branches creep over your fence or roots threaten your foundations, knowing your legal rights becomes crucial for maintaining both your property and neighbourly relations.
What the Law Says About Overhanging Branches
Under UK property law, you have the right to prune any branches that extend over your property boundary. However, there's a crucial caveat: you must return the cut branches to your neighbour, as they remain their property. Attempting to keep or dispose of them could technically make you liable for theft.
The Critical Rules You Must Follow
- Stay on your side: You cannot enter your neighbour's property to cut the tree without explicit permission
- Check for protection: Many trees are protected by Tree Preservation Orders (TPOs) or conservation area status
- Consider wildlife: Disturbing nesting birds between March and August is illegal under the Wildlife and Countryside Act 1981
- Communicate first: A simple conversation can prevent years of neighbourly tension
When Tree Roots Become Your Problem
Subsurface roots can cause significant damage to foundations, drains, and patios. If your neighbour's tree roots are damaging your property, you may have a claim under the Legal Aid, Sentencing and Punishment of Offenders Act 2012. However, you'll need to prove the damage is directly caused by the tree and that your neighbour was negligent.
The High Cost of Getting It Wrong
One homeowner learned this lesson the hard way, facing a £60,000 bill after illegally cutting a protected tree. Local councils take TPO violations seriously, with fines reaching up to £20,000 for unauthorized work on protected trees.
Expert Recommendations for Peaceful Resolutions
- Always discuss concerns with your neighbour before taking action
- Research whether the tree has any protection status with your local council
- Consider mediation services if discussions become difficult
- Document everything with photographs and written correspondence
- Consult a qualified arborist for professional assessment
Remember that while you have certain property rights, maintaining good relationships with neighbours often proves more valuable than being technically right. When in doubt, seek professional legal advice before reaching for the saw.