Understanding Your Rights About Neighbour Trees
If your neighbour’s tree has branches or roots that cross over into your property, it’s natural to wonder what you can do. Overhanging branches or encroaching roots often lead to disputes, but knowing your rights can help you handle the issue calmly and legally.
What Counts as an Overhanging Tree?
An overhanging tree is one where branches or roots from a tree on your neighbour’s land extend over the boundary and into your property. This can happen above ground (with branches) or below ground (with roots). Even if the trunk is entirely on your neighbour’s side, any part that crosses the boundary is considered overhanging.
Common problems include:
- Branches blocking sunlight or dropping leaves into your garden
- Roots damaging driveways, fences, or underground pipes
- Trees causing disputes over who is responsible for maintenance
Your Legal Rights to Cut Back Overhanging Branches or Roots
In the UK, you generally have the right to cut back branches or roots that cross into your property, but only up to the boundary line. You do not need your neighbour’s permission to do this, as long as you do not trespass onto their land. However, you must not damage the tree or cut beyond your side of the boundary.
Anything you remove – branches, roots, or fruit – remains your neighbour’s property. Legally, you should offer these back to them, although many people simply dispose of them with garden waste.
If the tree is protected by a Tree Preservation Order (TPO) or is in a conservation area, you must get permission from your local council before carrying out any work. Cutting or damaging a protected tree without approval can lead to hefty fines. For more details on TPOs and conservation area rules, see the official Tree Preservation Orders and trees in conservation areas – GOV.UK guidance.
When You Need Permission
You can trim back overhanging branches or roots to the boundary line, but you cannot go onto your neighbour’s land to do this without their permission. If the tree is difficult to reach without entering their property, discuss the issue with your neighbour first. It’s always best to communicate openly and try to agree on a solution.
If your neighbour refuses to cooperate or a dispute arises, there are official steps you can take. The government’s Resolving neighbour disputes: High hedges, trees and boundaries – GOV.UK guide explains your options, including mediation and involving your local council in certain cases.
Boundary Disputes and Trees
Trees can sometimes highlight or even cause boundary disputes. If you’re unsure where your property ends and your neighbour’s begins, it’s wise to check your title deeds or seek professional advice. Understanding your property boundaries can prevent future arguments and help you resolve current issues more effectively. For a deeper look at boundaries and how to avoid disputes, read Property Boundaries Explained: Your Rights and How to Avoid Disputes.
Some disputes aren’t just about branches or roots – they may involve high hedges blocking light or views. Local councils can help resolve high hedge complaints under the High Hedges Act 2003. For more information, see High hedges: complaining to the council – GOV.UK.
Learn More
To explore the legal background and your full rights regarding overhanging trees, visit our Overhanging Tree Branches and Roots: Legal Overview page. This resource covers the law in detail and offers guidance on what to do if you can’t resolve the issue directly with your neighbour.
How to Ask Your Neighbour to Trim Their Tree
When you notice a neighbour’s tree overhanging into your property, it’s best to address the issue early and calmly. Starting with a friendly conversation can often prevent the situation from escalating into a dispute.
Approaching your neighbour politely
Choose a time when your neighbour is likely to be at home and not busy. Knock on their door or arrange a convenient time to talk. Begin the conversation in a non-confrontational way. For example, you might say, “I’ve noticed some branches from your tree are hanging over my garden. I wanted to see if we could talk about getting them trimmed.”
Clearly explain the problem
Be specific about what is happening. Point out which tree and branches are causing concern. Explain how the overhanging branches are affecting you. For instance, you might mention blocked sunlight, fallen leaves, or potential damage to your property. If possible, show them the area so they can see the problem for themselves.
Suggest a reasonable timeframe
It’s helpful to suggest a practical timeframe for the work to be done. For example, you could say, “Would you be able to arrange for the branches to be trimmed within the next few weeks?” This gives your neighbour time to consider their options and organise the work, especially if they need to hire a professional tree surgeon.
Keep the conversation friendly
Try to stay calm and respectful, even if you feel frustrated. Avoid making demands or threats. A positive approach can help your neighbour feel more willing to cooperate and less defensive. Remember, most people want to maintain good relations with those living nearby.
Possible outcomes of your discussion
In many cases, your neighbour will appreciate you raising the issue politely and agree to trim the tree. Sometimes, they may not have realised there was a problem. However, if your neighbour is unwilling to help or the conversation becomes difficult, it’s important to remain polite. You may need to consider other steps, such as putting your request in writing or seeking legal advice. If you’re concerned about boundaries or access, you might find our guide on how to legally request someone to stop entering your property helpful.
Taking a friendly, clear, and practical approach is usually the best way to resolve overhanging tree issues without conflict. If you keep communication open and solutions-focused, you’re more likely to reach an agreement that works for both parties.
What to Do If Your Neighbour Refuses to Trim Their Tree
If your neighbour refuses to trim back their overhanging tree, you still have legal options. The law allows you to take reasonable steps to protect your property, but there are important rules to follow.
Your right to trim branches
You are usually allowed to trim branches or roots that cross over onto your property, but only up to the boundary line. You cannot cut back any part of the tree that is not on your side, and you must not enter your neighbour’s land to do the work without their permission. Doing so could be considered trespass. If you are unsure about your property boundary, check your title deeds or seek professional advice.
How to trim lawfully
When trimming, be careful not to damage the tree or cause it to become unstable. You must return the cut branches, fruit, or other debris to your neighbour unless they say they do not want them. Never throw the branches back over the fence without agreement, as this could lead to further disputes.
Limitations and risks
You are not allowed to climb over the fence or enter your neighbour’s garden to carry out the work unless they have given you permission. If you do so, you could be accused of trespassing. For more on your rights about access and boundaries, see our guide on how to legally request someone to stop entering your property.
If the tree is protected by a Tree Preservation Order (TPO) or is in a conservation area, you must get permission from your local council before carrying out any work. Failing to do so can lead to fines.
Costs and practical considerations
Trimming overhanging branches can sometimes be straightforward, but it can also be risky or costly – especially for large trees or those near power lines. You may need to hire a professional tree surgeon. If the dispute escalates, you could face legal costs if your neighbour claims you have damaged their property or acted unlawfully.
Whenever possible, try to resolve the issue amicably. Open communication and a willingness to compromise can help avoid unnecessary stress and expense. If you cannot agree, consider mediation before taking further legal action.
Resolving Tree Disputes Amicably
Maintaining a positive relationship with your neighbour is often the easiest way to resolve issues over overhanging trees. Friendly, open communication can prevent misunderstandings from escalating. Before taking any formal action, try to discuss your concerns calmly and explain how the tree is affecting your property. Sometimes, your neighbour may not even realise there is a problem.
If talking things through does not lead to a solution, consider using a neighbour dispute resolution or mediation service. Mediation involves an impartial third party who helps both sides reach a fair agreement without going to court. These services are designed to encourage cooperation and can often resolve disputes more quickly and cheaply than legal proceedings. For more details on how mediation works and how it can help with tree disputes, see our Dispute Resolution & Mediation: Legal Overview.
Mediation can be particularly helpful if communication has broken down or if emotions are running high. The mediator will listen to both sides and help you find common ground, whether that means agreeing on how the tree should be trimmed or arranging for shared costs.
If mediation does not work or your neighbour refuses to cooperate, it may be time to seek professional legal advice. A solicitor can explain your rights and options, including whether you can take further legal action. In some situations, making a formal complaint may also be appropriate. Citizens Advice offers step-by-step guidance on complaining about your neighbour if informal approaches have failed.
For more comprehensive information on neighbour disputes and your legal options, you can visit our Neighbour Disputes: Legal Overview and Guide. You may also find it helpful to explore the government’s advice on using a mediation service to resolve neighbour disputes, which outlines how to find a mediator and what to expect from the process.
Taking these steps can help you resolve tree disputes amicably, saving time, money, and stress for everyone involved.
Additional Considerations and Related Issues
When dealing with overhanging trees, it’s important to understand that similar issues can arise with other types of boundaries. For example, disputes may also involve hedges that are too tall or poorly maintained. If you’re unsure about your rights or responsibilities around hedge height and upkeep, you can find more information in our guide on Hedge Height and Upkeep: Your Legal Rights Explained.
Tree roots can sometimes cause problems beneath the surface. If your neighbour’s tree roots are damaging your driveway, foundations, or drains, you may have the right to seek repairs or compensation. In these situations, it’s best to gather evidence of the damage, such as photographs or expert reports. You should discuss the issue with your neighbour first and try to reach an agreement. If you cannot resolve the matter, you might need to consult a solicitor or consider mediation.
Sometimes, neighbour disputes over trees can escalate. If you feel threatened, harassed, or believe your neighbour’s behaviour is becoming unreasonable, it’s important to know your rights. Persistent unwanted contact, threats, or intimidation may be considered harassment. If you’re facing this kind of behaviour, our page on Neighbour Harassment: Your Legal Rights and How to Take Action explains what steps you can take to protect yourself.
If your neighbour repeatedly enters your property without permission to deal with tree issues, you may need to set clear boundaries. There are legal ways to request someone to stop entering your land. For more details, see our advice on How to Legally Request Someone to Stop Entering Your Property.
If you need further help or advice, Contend’s AI Legal Assistant can support you at every stage. Whether you have questions about your rights, need personalised guidance for your situation, or want help drafting a letter to your neighbour, Contend can provide clear, step-by-step assistance. Get tailored answers, practical next steps, and the documents you need to resolve your neighbour dispute with confidence.
