With the UK set for a heatwave and many people heading into their gardens, questions about overhanging tree branches from a neighbour's property are common. Legal and property specialists have outlined the rules, and they all agree on one thing: you can trim branches that cross your boundary, but only up to the boundary line.
Jagdeep Sandher, partner at Blythe Liggins Solicitors, explained: "If the tree trunk is wholly on the neighbour's land and the branches overhang onto your land, you have a right to trim them back to the boundary line, but not beyond. You cannot reach into the neighbour's garden to cut them." He added that the cuttings legally belong to the neighbour, so you should offer them back; if they decline, you can dispose of them.
Dave Sayce of Compare My Move emphasised that you cannot enter your neighbour's land without permission to trim the tree, nor can you damage or fell it. "If you do, your neighbour could be entitled to compensation," he warned. While you are not legally required to discuss trimming with your neighbour beforehand, he recommends doing so to avoid disputes.
Dean Meadows of Arbtech highlighted the importance of checking whether the tree is protected by a Tree Preservation Order (TPO), located in a conservation area, or subject to a felling licence. If protected, you must seek permission before any work. He also cautioned against discarding cuttings over the fence, as this could be considered fly-tipping.
If you hire a tree surgeon, you are generally responsible for the costs, unless the tree is causing damage due to your neighbour's negligence. In that case, you may request they cover expenses, but this requires agreement. The experts all advise a friendly conversation before taking action to maintain good neighbourly relations.
