Overhanging tree branches that cross into your garden can be cut back to the boundary line without your neighbour's permission, but trimming beyond that point could leave you liable for trespass or property damage.
Trees growing on or near boundaries are among the most common sources of neighbour disputes, according to Tree Law. Questions can arise over ownership, overhanging branches, growing roots and maintenance. Ownership is not always straightforward, as a tree may stand wholly within one property, straddle a boundary, or have roots and branches extending into neighbouring land.
Historic boundary changes, unclear title plans and long-standing arrangements between neighbours can further complicate matters, Tree Law said. Many disputes can be resolved informally through discussion, but specialist advice may help when they cannot be settled.
Start with a polite conversation
The best solution is to have a polite conversation. Hibberts Solicitors said most neighbours are not aware that their plants are overstepping the mark until someone raises it. If they ignore concerns or refuse to take action, the law is on your side, as long as you handle things reasonably and within legal limits.
When a tree, bush or hedge overhangs your boundary, the overhanging part can be considered trespassing. This gives you a legal right to cut back any overhanging branches to the boundary line, but not beyond it. Hibberts Solicitors explained that you do not need permission to trim overhanging branches, but you must cut back only to the boundary line, avoid stepping onto your neighbour's property, and carry out trimming reasonably.
It added that if you go beyond your boundary or cause damage, you could be liable for trespass or property damage.
When the tree causes damage
If a neighbour's tree is causing damage to your property, such as cracked paving stones, broken fences or blocked gutters, you might be able to bring a nuisance claim. The solicitors said it is best to try to resolve the issue by speaking with your neighbour first.
If that does not work, mediation is often encouraged and viewed favourably by the courts. Document any damage with photos and reports if needed, with legal action as a last resort.
Seek specialist advice
If a neighbour is being stubborn, the next step is to contact a solicitor who deals with neighbour disputes. They will be able to guide you through your property rights and work to find a solution.
