As summer continues, many people are still heading outdoors to enjoy their gardens before autumn sets in. However, while gardening can be relaxing, it is also peak season for neighbour disputes over fences and overhanging branches, trees, and hedges. In the UK, neighbour rows over plants that extend into neighbouring properties—whether it is a prickly rosebush, tree limbs that hang over, or roots that invade—can escalate quickly if you are uncertain about your legal rights.
Before you start trimming and chopping back your garden this season, solicitor and head of dispute resolution Michael Ward at Hibberts has shared exactly what the law states concerning overhanging plants and trees. He has also shared what can be done if a neighbour's tree is causing damage to your property.
Can my neighbour's tree overhang my property?
Under UK law, if a tree, bush or hedge overhangs your boundary, the overhanging part is “technically trespassing”. Michael said, “That 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”, you must do these three things when doing so: only cut back to the boundary line, avoid stepping onto your neighbour's property, and carry out trimmings in a reasonable manner.
The solicitor warned: “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.”
It is worth noting that some trees are protected by a Tree Preservation Order (TPO), so if overhanging branches stretch onto your property, you will need council permission before trimming them. Michael said, “Cutting or damaging a protected tree without consent can result in a substantial fine, so check with your local authority before doing anything.”
What needs to be done with the trimmings?
Legally, any branches, leaves, or fruit you cut “still belong to your neighbour”, so you should: offer to return them politely and avoid throwing them back, as it could be considered fly-tipping. If your neighbour no longer wants the trimmings, make sure to compost or dispose of them.
Michael warned, “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.”
What if a neighbour's tree is causing damage to your property?
If a neighbour's tree is causing damage to your property, like cracking paving stones, damaging a fence, or obstructing gutters, you might have grounds to take action with a “nuisance claim”.
However, Michael pointed out that before bringing this matter to court, always try to resolve the issue informally. Households should document the damage with photos and reports if needed and consider mediation, as it is often viewed favourably by courts.
The solicitor said, “Legal action should be a last resort, but your property rights matter, especially if the damage is ongoing or costly.”
