Disclaimer
This information on this webpage is for educational purposes only and does not constitute legal advice. It is recommended that specific professional advice is sought before acting on any of the information given.

 

Summer has been with us for a few months now, with plenty of sunshine causing a sudden increase in growth in our gardens, roads and if you are lucky to see it, our countryside.

However, this increase in growth can sometimes cause issues, especially when it comes to your garden and perhaps your neighbours’. For instance, the apple tree next door might look beautiful over the fence. But what happens when the apple tree starts encroaching on your space, potentially interfering with your new garden furniture or even the children’s trampoline?

What can I do if my neighbour’s tree grows into my garden?

If the tree trunk in question is positioned on the neighbour’s land and the tree branches are overhanging on to your land, you only have the right to trim back the branches up to the boundary line, not beyond it. You can’t reach into your neighbour’s garden and cut them back.

Legally, as the tree is theirs, so you should offer the branches back to your neighbour. However, if they don’t want them, you’re entitled to get rid of them. The best approach is to have a conversation with your neighbour before trimming the tree, to help maintain a good neighbourly relationship.

You can trim a neighbour’s tree if leaves, foliage or branches are over your property boundary. But again you can only cut up to the boundary line, anything further that than can be classed as trespassing. You also can’t enter your neighbour’s land without permission to trim or cut back their tree, and you cannot damage (kill or destabilise) or fell the tree.

If you do, your neighbour could be entitled to a form of compensation from you. You do not have to discuss with your neighbour, by law, to trim any part of their tree that crosses your boundary line, but we recommend discussing it with them beforehand just to avoid any possible dispute or disagreement.

The cuttings from the tree will legally belong to your neighbour, so you should discuss with them whether they want them back or not. However, they do not have to take them back and the responsibility of the foliage disposal will be solely on you.

What can you do if a neighbour’s tree is over-hanging your garden fence?

Under UK law you have the right to cut branches and roots from a neighbour’s tree that encroaches onto your property, without needing their permission.

However, there are some important restrictions and considerations to be aware of.

Firstly, ensure the tree isn’t protected in any way. Trees in the UK may be covered by tree preservation orders (TPOs), located within conservation areas, or subject to the felling licence system, all of which require you to seek permission before carrying out any work. If it’s not protected, you can prune branches up to the property boundary. Any further than this could be considered damage to your neighbour’s property, potentially even leading to legal action. But any discussion with your neighbour would potentially avoid that.

Also, you can’t just place a ladder against your neighbour’s tree and start chopping and hacking away at the tree. It’s important to remember that cuttings do still remain your neighbour’s property and should be offered back to them for that reason. But never just throw them back over the fence. As this could be seen as fly-tipping of garden waste and worse than that, it could hit someone in the garden. If your neighbour refuses them, responsibility for the disposal is your sole responsibility.

If you hire a tree surgeon to carry our the work, you will likely be responsible for the costs involved. In cases where the tree is causing damage due to your neighbour’s negligence, you may request they cover those costs. However, unless agreed otherwise with your neighbour, the cost of any work you have carried out, will typically be yours to pay.

 

What is the law surrounding trees and boundaries?

Here it gets more complicated, when trees move across the boundary, because at this point it could be a jointly owned asset, so if one person wants to remove it and the other doesn’t, for example, it can become a much more complex argument. It’s also worth remembering, that if you have a boundary dispute with your neighbour, for example over a tree, then that’s something you would have to disclose to any potential buyer if you decided to sell the house and move. So it could eventually have a devaluing effect on your property.

 

What should you do if a neighbour’s tree is damaging your fence?

The first step is to make sure you’re absolutely certain that it is your fence and not theirs. The title documents for your home or previous conveyancing documents may tell you if you are unsure.

When you’re 100% certain, I’d always suggest speaking to your neighbour in a calm and informed way about the tree. You have to be mindful, that you will continue living next door to your neighbour for a number of years afterwards. So if you speak to your neighbour and the conversation isn’t very positive or rewarding, you will then formally need to set out your stance in writing to the neighbour.

 

When is it my neighbour’s responsibility to cut a tree?

Your neighbour does not have to trim their tree, if it crosses into your boundary or even if it looks bad. Your neighbour only has a responsibility to trim their tree if it becomes dangerous or is considered a nuisance, legally.

 

How to avoid and resolve neighbourly disputes?

It’s clear that while we get along well with our neighbours, certain situations will or can still test our patience, whether it’s the behaviour of their pets or a lack of garden maintenance.

Such issues with neighbours can cause once good relations to fall apart and create uncomfortable tension, but they can also escalate into a nightmare that you see on the TV or read in the newspapers. This is why it’s important to know how to resolve these situations, and if it can’t be done, you need to establish your legal position.

If your neighbour’s overgrown trees are becoming a big problem, there are a few things you can do such as following these steps:

1. Communicate politely – A friendly chat with your neighbour can go a long way. As your neighbour may not realise there’s an issue or that it’s frustrating, unless you raise it with them.

2. Choose your battles – Occasional noise or minor annoyances like a loud barbecue with friends in the garden or a difference of opinion on garden maintenance work are part of modern day living.

3. Avoid tit for tat – Always stay calm and polite when speaking with neighbours about disruptive living habits and know how and when to remain composed even when you are stressed by the situation – you never know when you might need to rely on your neighbours in the future.

4. Know where you stand – If problems continue despite raising your worries and concerns with your neighbours, ensure you keep a diary of what’s happening and when.

This can be useful if you need to approach your local council to report a nuisance or need to seek a legal route as evidence will be key.

5. Think about your insurance options – If you find yourself in a serious dispute with your neighbours, having legal protection cover could offer protection should the disagreement escalate to court proceedings.