As summer approaches and gardens become a focal point, disputes over overhanging tree branches can arise. Gardening expert Michael Griffiths has clarified the legal rights homeowners have when a neighbour's tree encroaches into their property.
In a video, Griffiths advised that the first step should always be to speak with the neighbour. If that fails, you may cut back branches or roots that cross the boundary, but only up to the property line. You must check if the tree is protected by a Tree Preservation Order or located in a conservation area before cutting.
You cannot enter the neighbour's garden to cut the trunk, and you cannot simply throw the cuttings back over the fence. You must offer them to the neighbour; if they refuse, you are responsible for disposal. Additionally, you must check for nesting birds and bats, as all nesting birds are protected by UK law.
The government website confirms these rules, stating: 'You can trim branches or roots that cross into your property from a neighbour's property or a public road. You can only trim up to the property boundary. If you do more than this, your neighbour could take you to court for damaging their property.'
If the issue persists, you can contact your local council or seek legal advice. It is essential never to remove a protected tree without proper permission.
