More than half of Brits have fallen out with their neighbours over trees, with overhanging branches and root encroachment among the most common disputes. A new survey by Saga Home Insurance found that 30% of respondents cited overhanging branches as the primary issue, while 28% reported difficulties with leaves blowing or falling into their garden, and 15% encountered issues with a neighbour's tree roots. Just over one in 10 people stated that their own trees had been damaged by a neighbour.
Legal rights regarding a neighbour's tree
If your neighbour's trees are affecting your property — for instance, by blocking natural light to your home — there is very little you can legally do about it. Anna Thunstrom, head of home insurance at Saga Home Insurance, advises speaking directly to the neighbour to reach a reasonable solution or compromise. She said: "Going into these situations with kindness can make a world of difference and make your neighbour more receptive to helping you out."
If an agreement cannot be reached, you can ask your local council to help you find a mediator for conversations. However, you may need to pay the mediator for their time.
What not to do
One thing you should avoid is setting foot on your neighbour's property to sort the matter yourself — doing so could result in criminal charges. That said, if your neighbour's tree branches are encroaching over your boundary, you are within your rights to cut them back. Anna said: "If overhanging branches from your neighbour's trees are blocking sunlight or causing issues in your garden, the law allows you to cut these branches at the point where they cross the boundary line into your property, provided you don't trespass onto your neighbour's land to access them."
However, before doing this, you should speak to your neighbour and see if you can come to an agreement. She added: "If you do cut down the branches, don't throw them away - because according to the law, the branches on your side of the property still belong to the tree's owner. It's your responsibility to dispose of any branches you cut, but make sure to check with the owner before you dispose of them."
Can you prune a neighbour's tree?
The same rules for tree branches also apply to roots. If a neighbour's roots are causing issues in your garden, the law allows you to cut the root up to the property line. Anna warned: "Illegally cutting down a neighbour's tree could cost homeowners far more than they expect - from fines of up to £20,000 for protected trees, to civil compensation claims, legal fees, and replacement costs that can run into the thousands. In the most serious cases, unlawful tree removal can even result in criminal charges."
