What can I do if my neighbour’s trees or plants are overhanging my property?

Trees and plants can add character to a garden and many homeowners take great pride in looking after them. However, problems can arise between neighbours when branches, roots or other plants begin to spread beyond the boundary of the property where they are growing.

There are various legal issues that can arise from trees and plants crossing a boundary, and homeowners should be aware of what they can and cannot do if this happens.

What can I do if my neighbour’s branches are overhanging my garden?

In order to maintain neighbourly relations, in an ideal situation, you should have a discussion first with your neighbour and ask them to deal with any overhanging branches or plants.

Your neighbour may not be aware that the branches are causing a problem or they may not realise that the growth has extended beyond their boundary.

If that is impossible and communication is poor, then it is lawful to trim branches or roots that cross the boundary line and into your property from a neighbour’s property or a public road.

However, you are only able to trim back growth up to your own boundary. You should not cut further back into the neighbour’s property as, if you were to do that, this could amount to criminal damage.

You do not have the right to enter onto a neighbouring property to undertake any pruning works. Any work would have to be carried out from your side of the boundary.

Can I cut back my neighbour’s tree without permission?

Although you are generally entitled to cut back branches or roots that extend onto your property, care should be taken before carrying out any work.

You should consider the extent of the work that is required and make sure that you do not damage the health of the tree or plant.

If you are unsure about what work is appropriate, then it may be sensible to obtain advice from a suitable tree expert before carrying out any pruning.

You should also be aware that some trees are protected by law.

Can I prune any tree that is overhanging my property?

Care should always be taken when you are considering pruning branches from a neighbouring tree or your own tree, to make sure that they are not protected.

Some trees are protected by a Tree Preservation Order, or they might be located in a conservation area. In those circumstances, you may need permission from the Local Authority before carrying out any works.

It might also be the case that there is a restrictive covenant affecting the neighbouring property which prevents the owner from removing trees or altering the landscape.

If that is the case, then even if the tree is causing an issue, you may not be able to force your neighbour to remove the tree or carry out certain works.

What should I do with branches that I have cut back?

Any branches, fruit or other cuttings should be offered back to your neighbour as technically they remain their property.

If your neighbour does not want them, then it is your responsibility to dispose of them sensibly.

You should not simply return the branches or garden waste to your neighbour’s property without their agreement, as this could create further issues between neighbours.

What if my neighbour’s tree roots are damaging my property?

Problems can also arise where roots from a neighbouring tree or plant spread into your property.

Roots can cause damage to paving, walls, drains or buildings, although it is important to establish whether the roots are actually causing the damage before taking any action.

If you believe that roots from a neighbouring property are affecting your land, you should obtain evidence from a suitable expert to confirm the cause of the problem.

The expert should be able to advise whether the roots are responsible for the damage, what works may be required and the likely cost of carrying out those works.

Without expert evidence, it can be difficult to prove that a neighbour’s tree or plant is responsible for damage to your property.

What if my neighbour’s tree is dangerous?

If you are concerned that a neighbour’s tree is dangerous, for example because branches appear unstable or there is a risk that the tree may fall, then you should raise the issue with your neighbour in the first instance.

It may be the case that your neighbour is unaware of the risk and may be willing to arrange for the tree to be inspected.

If the matter cannot be resolved, then you should seek advice about what steps may be available.

You should keep records of any concerns that you have raised and any evidence relating to the condition of the tree.

Can I force my neighbour to remove a tree?

Whether you can require your neighbour to remove a tree or carry out works will depend on the circumstances.

The fact that branches overhang your garden does not automatically mean that the tree must be removed. In many cases, the issue can be resolved by carrying out appropriate pruning.

However, if the tree is causing damage or there is a genuine risk to your property, then there may be other options available.

If you cannot resolve the issue directly with your neighbour, you should seek legal advice from a neighbour dispute solicitor about what action may be available.