Homeowners have the legal right to cut back overhanging branches to the boundary line, but must not go beyond it, according to Michael Ward, solicitor and head of dispute resolution at Hibberts.
As summer continues, many people are spending time in their gardens before autumn arrives. However, gardening is also the busiest period for neighbourly disputes over fences, overhanging branches, trees and hedges.
Across the UK, rows over plants encroaching onto neighbouring land — whether a thorny rosebush, protruding tree limbs, or invasive roots — can escalate quickly if you are unsure of your legal standing.
What the law says about overhanging trees
Under UK law, when a tree, bush or hedge extends over your boundary, the overhanging section is "technically trespassing". This gives you the legal right to cut back any overhanging branches or growth to the boundary line, but not beyond it.
While you do not need permission to trim overhanging branches, there are three essential requirements: only trim back to the boundary line, refrain from entering your neighbour's property, and conduct the work in a reasonable manner.
Ward cautioned: "It is important to be aware that if you go beyond your boundary or cause damage, you could be liable for trespass or property damage."
Certain trees are safeguarded by a Tree Preservation Order (TPO). If overhanging branches extend onto your land, you will need council approval before cutting them back. Ward stated: "Cutting or damaging a protected tree without consent can result in a substantial fine, so check with your local authority before doing anything."
Handling cuttings and fruit
By law, any branches, leaves or fruit you remove still belong to your neighbour. You should return them courteously and refrain from throwing them back over, as this could constitute fly-tipping. If your neighbour declines the trimmings, ensure you compost or dispose of them properly.
Ward cautioned: "If you help yourself to fruit hanging over your fence, without picking it from your land, you could even be breaching the Theft Act 1968. So always ask first."
Damage to your property
If a neighbour's tree is causing damage to your property, such as cracking paving stones, damaging a fence, or blocking gutters, you may have grounds to pursue a "nuisance claim".
However, Ward stressed that before taking the matter to court, homeowners should always attempt to resolve the dispute informally first. Households are advised to photograph any damage and keep written records where necessary, and to consider mediation, which is often looked upon favourably by the courts.
The solicitor said: "Legal action should be a last resort, but your property rights matter, especially if the damage is ongoing or costly."
