With summer approaching, many Brits will be spending more time outdoors and looking to spruce up their gardens. However, you may notice plants creeping over from a neighbour's side of the fence, which, if left unchecked, can create an unsightly overhang.
Dealing with an overgrown tree or bush can be frustrating, especially when it isn't even growing in your own garden. Homeowners tired of plants spilling into their space might be tempted to take matters into their own hands. But it's crucial to understand the legal boundaries to avoid serious trouble.
Your Rights on Trimming Overhanging Branches
According to Gov.uk, you are within your rights to trim branches from trees or bushes that cross into your property from a neighbour's garden or a public road. However, you must be careful not to overstep. A statement on Gov.uk reads: "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."
Legal professionals warn that homeowners must ensure all work is done from their own side of the fence. Blythe Liggins Solicitors said: "There is a right to cut overhanging branches without the need to give any notice to the owner, although this must be carried out without going on to the adjoining land, since otherwise this would be to commit trespass."
Check for Tree Preservation Orders
It's also important to check whether any trees are protected by a 'tree preservation order'. Regardless of which side of the fence the tree is on, you may need your local council's approval before carrying out any trimming.
How to Resolve the Issue Amicably
Citizens Advice recommends taking straightforward steps before involving authorities or lawyers. Start by speaking directly with your neighbour and keep a written record of discussions or agreements. A statement on their website says: "It's often best to find a compromise, for example sharing the cost of pruning a hedge even if you think your neighbour owns it. It could help you keep a good relationship and might be cheaper than paying a solicitor to resolve the disagreement."
If an agreement cannot be reached, an impartial mediator trained in dispute resolution can be brought in. You can find a mediator via Gov.uk, though this service may come at a cost.
Avoiding Common Neighbourly Disputes
Homeowners can find themselves in various neighbourly disputes, from bins and parking to boundaries. A property lawyer recently highlighted how to determine which garden fences belong to you. Knowing this can save trouble, as working on a fence you don't legally own could lead to claims of damaging someone else's property. Studies show that six in ten Brits have been involved in garden-related disputes, and a surprisingly common trigger is simply painting your fence.
