Barrister Daniel Barnett has clarified the legal rights of UK homeowners when a neighbour's tree encroaches into their garden, addressing the matter on his LBC show after a caller described a hazardous branch crashing onto his property.
Caller's Dangerous Situation
Anthony from Gravesend rang into LBC's Legal Hour and informed Barnett that branches from a neighbouring tree had repeatedly fallen into his garden. He explained that one branch which had recently come down was "about 24ft long" and "about 9in in diameter", adding that it landed "right into the middle of the garden". He told Barnett: "So, you know, pretty dangerous."
The caller said he had made repeated attempts to resolve the situation with his neighbour, including offering to share the cost of having the trees removed. "We've gone halves a couple of times to take his trees away because he won't do anything about it," Anthony explained. "I've offered to pay half a couple of times, you know, take the other ones away, but this one is still really bad and he won't do anything about it."
Anthony also disclosed that the tree was protected, but revealed that planning permission had already been granted for it to be felled as the council had deemed it dangerous. Despite this approval being in place, however, the neighbour was continuing to refuse to have it removed.
Legal Limitations
Barnett informed the caller that there was little the law could do to compel action before any actual damage had taken place. "You cannot compel your neighbour to cut down that tree," he explained. "If the tree falls down and damages your house, you can sue them for the damage, but you can't compel them to cut down the tree."
The barrister proceeded to outline what homeowners are legally permitted to do should branches extend across the property boundary. He said: "What you can do, Anthony - and this is unsatisfactory, but this is what the law says - is that if you imagine a vertical line upwards from the dividing line on your properties, say your garden fence, you're allowed to cut down any part of the canopy that overhangs that vertical invisible line rising above the property boundary."
Trimming Rights and Restrictions
Barnett further noted that residents have the right to trim any branches on their side of the boundary, although the cuttings technically remain the property of the tree's owner. "So anything that's on your side of the property, you can cut down," he said. "Legally, you're meant to throw the branches back onto his side or it's theft of his branches, but you can cut it down."
Nevertheless, he emphasised that homeowners are strictly prohibited from entering a neighbour's land to remove the tree themselves, even if they consider it to be a potential hazard. He said: "What you're not allowed to do is go into his garden and cut it down or remove the tree, or indeed compel him to do so, I'm afraid."
When Anthony questioned whether this was still true "even if it's dangerous", Barnett responded: "Correct. The law's really unsatisfactory here. It lets you sue him after it's damaged your property. It doesn't allow you to compel him to cut the tree down."
