A new survey from Saga Home Insurance reveals that more than half of Brits (56%) have experienced disputes with their neighbours over trees. Overhanging branches are the most common flashpoint, with three in ten people (30%) reporting problems caused by a neighbour's tree branches encroaching on their property. Nearly as many (28%) cited issues with leaves blowing or falling into their garden, while 15% have had problems with tree roots. Just over one in ten (11%) said their own trees have been damaged by a neighbour.
What Does the Law Say About Overhanging Trees?
Anna Thunstrom, head of home insurance at Saga, explains the dos and don'ts to keep Brits on the right side of the fence in garden disputes. She warns: "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." She adds: "While garden insurance can help if you're the victim of damages, it's vital that people understand these laws so that they can enjoy their garden to its fullest this summer without risking a neighbour dispute, or even a fine."
What to Do If the Overhanging Tree Is Not on Your Property
Anna says: "If the branches blocking your garden's light or causing you issues aren't on your property, legally, there is very little you can do. 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. You can also get legal advice from your home insurer if you have legal expenses insurance. "Never cross into a neighbour's property to take action. Damaging a tree that is within your neighbour's property is illegal and could result in your neighbour pressing criminal damage charges against you."
Cutting Down Overhanging Branches Is Within Your Rights
A third of Brits (33%) don't know they're allowed to cut down overhanging branches from neighbouring trees, according to the survey. Anna explains: "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. However, before doing this, you should speak to your neighbour and see if you can come to an agreement. If you do cut down the branches, don't throw them away – because according to the law, the branches on your side of the property still belong to the tree's owner. It's your responsibility to dispose of any branches you cut, but make sure to check with the owner before you dispose of them." The same rules apply to roots: if a neighbour's roots are causing issues, you may cut the root up to the property line.
Be Careful to Make Sure the Tree Will Remain Healthy
Anna says: "While cutting branches or roots that cross over into your property is legal, it's important that any damage caused to your neighbour's tree is minimal and will not affect the health of the tree. If you've caused any damage to your neighbour's tree and it becomes diseased, unbalanced or dies, then your actions would be considered legally negligent, and you may find yourself faced with a fine or charged with the cost of replacing the tree." She suggests consulting a tree surgeon who is a member of a professional body, such as the Arboricultural Association or the International Society of Arboriculture, before taking any action on a neighbour's tree.
Fallen Fruit Does Not Belong to You
According to the survey, 60% of people incorrectly believe they can keep fruit that falls onto their property. Anna clarifies: "Just because fruit from a tree hangs over into your property or falls into your garden doesn't mean it's now yours. Legally, any fruit grown on your neighbour's tree belongs to them and so you should offer it back to your neighbour."
The Cost of Tree Damage Could Be Steep
Anna warns: "If you unlawfully damage or cut down a neighbour's tree without permission, you could face criminal charges and prosecution. The penalties depend on the circumstances, including ownership, intent and the tree's value. In cases where the damage is valued at over £5,000, proceedings may be heard in the Crown Court, where fines can be unlimited." Additionally, the tree's owner could seek compensation for its value, replacement costs, and loss of amenity. Certain trees are protected by a Tree Preservation Order (TPO) or by being in conservation areas, meaning permission is needed to cut branches. Cutting down protected trees can carry a fine of up to £20,000 per tree in a Magistrates' Court, with a requirement to replant. Even unauthorised topping or lopping can result in a £2,500 fine. If the case goes to Crown Court, fines are unlimited.
What to Do If a Neighbour's Tree Has Damaged Your Property
Anna says: "If your neighbour's tree has damaged your property, such as fencing or outdoor furniture, your home insurance may help cover the cost of repairs or replacements. Depending on your policy, garden insurance may also offer additional protection."
What to Do If a Neighbour Has Damaged Your Tree
One in ten people (11%) have had their trees damaged by a neighbour. Anna advises: "If a neighbour cuts down or damages your tree without permission, start by gathering evidence such as photos and videos, and check whether the tree was protected. It's usually best to raise the issue with your neighbour first, as disputes can sometimes be resolved informally. If that's not possible, you may be able to report the incident to your local council or seek legal advice." If you have legal expenses insurance as part of your home insurance policy, you can use it to get legal advice or cover the cost of legal representation in a dispute, provided the dispute started after you took out the policy.
