Over half of Brits have clashed with their neighbours over trees, with 30% identifying overhanging branches as the main bone of contention, according to research by Saga Home Insurance. The insurer's head of home insurance, Anna Thunstrom, has outlined your entitlements and how best to resolve the matter.
Legal Rights for Overhanging Branches
If your neighbour's trees are impacting your property, such as obstructing natural light to your home, there is regrettably very little you can lawfully do. Anna said: "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."
She added: "If an agreement cannot be reached, you can ask your local council to help you find a mediator for conversations. However, you may need to pay the mediator for their time."
Resolving the Issue
One crucial thing to avoid is stepping onto your neighbour's land to tackle the matter yourself – doing so could swiftly result in criminal proceedings. That being said, should your neighbour's tree branches extend over your boundary, you're perfectly entitled to trim them back.
Anna explained: "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 continued: "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."
Roots and Other Issues
She explained: "The same rules for tree branches also apply to roots. If a neighbour's roots are causing issues for you in your garden, the law allows you to cut the root up to the property line."
The research also found that 28% of those surveyed reported issues with leaves drifting or dropping into their garden, while 15% have encountered trouble with a neighbour's tree roots. Slightly more than one in 10 individuals stated that their own trees had been harmed by a neighbour.
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, reports Wales Online.
