Even if you have the best neighbours, disagreements can arise, and trees are a common source of tension. More than half of Brits have fallen out with neighbours over trees, with 30% citing overhanging branches as the primary issue, according to a survey by Saga Home Insurance.
Your Legal Rights Regarding Overhanging Branches and Roots
Anna Thunstrom, head of home insurance at Saga, explains your rights and how to settle disputes. She warns: "It can be difficult to know what your rights are as a homeowner or tenant. 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."
The survey also found that 28% of respondents reported problems with leaves blowing or falling into their garden, while 15% have experienced difficulties with a neighbour's tree roots. Just over one in 10 people indicated that their own trees had been damaged by a neighbour.
What Can You Do Legally?
If your neighbour's trees affect your property, such as blocking natural light, there is little you can legally do. Anna advises: "In these situations, it's best to speak to your neighbour directly and attempt to come to a reasonable solution or compromise. 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 find a mediator, though you may need to pay for their time.
How to Solve the Problem
Never enter your neighbour's property to sort the problem yourself – this can lead to criminal charges. However, if branches overhang your boundary, you are within your rights to prune them. Anna says: "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." She adds that you should speak to your neighbour first and try to reach an agreement.
If you cut branches, do not throw them away – the branches on your side still belong to the tree's owner. It is your responsibility to dispose of them, but check with the owner before doing so. The same rules apply to roots: if a neighbour's roots cause issues, you may cut the root up to the property line.
