A homeowner returned from work to find their neighbour had reached over the garden fence and cut down half their tree. The incident, shared on Reddit, has prompted legal advice on what the law says about such actions.
Homeowner's discovery
The homeowner, who had recently moved into the property, wrote in a Reddit post: "I have come back from work today to find my neighbour has absolutely ravaged my tree line whilst I was out." The large tree appeared to have been cut straight down the middle, leaving one side entirely stripped. The bare branches extended up to a foot into the homeowner's property, well away from the neighbour's garden.
The homeowner had previously reached an informal agreement with the neighbour to "sort out" the overhanging tree, but had not yet got round to it due to a hectic period after moving in. "So to my surprise today as I walk into my garden I see a mangled mess of some trees that I was really quite attached to," they added.
Legal implications
Under the Criminal Damage Act 1971, if a neighbour cuts down a tree that stands entirely within your property boundaries without consent, they may have committed criminal damage and civil trespass. However, a neighbour is entitled to trim any overhanging branches that encroach onto their land, provided they do not cross the property boundary.
If the tree was protected by a Tree Preservation Order (TPO) or situated within a Conservation Area, illegally felling it constitutes a separate criminal offence prosecuted by the local authority, carrying substantial fines, irrespective of who owned the tree.
Steps to take
Should you discover your neighbour has unlawfully removed your tree, you are entitled to report the matter to police for criminal damage and pursue financial compensation through the civil courts. Where the damage is valued at less than £5,000, it can be pursued through the magistrates' court. You will require photographs, witness testimony, or a professional surveyor's report confirming the tree stood entirely on your land and the value of the loss.
Commenters on the Reddit post suggested sourcing older photographs of the tree to demonstrate the extent of the damage and reviewing home insurance policies for legal cover. One user noted: "You are allowed to cut back only the parts that cross the boundary line between your properties. As the neighbour has essentially cut back at a point inside your property that is illegal."
