Responsibility for Overhanging Tree Branches
A tree belongs to whoever owns the land it’s on. However, in the case of tree branches encroaching and overhanging into your property, you are entitled to chop the branches back to the boundary line, whether it’s a physical or invisible boundary.
It’s considered good practice to notify your neighbour that you wish to cut back the overhanging tree branches; doing so will make them less likely to complain about you cutting back the tree.
If cutting back overhanging branches, you’re only allowed to do so from your side of the fence. So, for example, you can’t go into your neighbour’s garden to prune any part of the tree because it’s easier to get to from their side. This is unless you have permission from the tree and land owner.
Care must be taken when tree pruning, as there’s a possibility you may commit trespass or damage the tree. Trespass can be committed by cutting back the tree too much that it crosses over the boundary line. You can also be liable for damaging the tree if there are any lasting effects, even if you only cut the branches overhanging your property.
Who Pays for Tree Pruning?
If your tree requires the work of an experienced tree surgeon, then questions might arise as to who pays for the work done. As the tree owner is responsible for the tree, the responsibility ultimately lies with the tree owner to foot the bill. There may be a chance to split costs, and it’s always recommended that you speak to your neighbour before calling out a tree surgeon to cut back a tree that you don’t own.
Whilst it might be cheaper to do the work yourself, it is generally safer to use a tree surgeon to safely and efficiently remove any overhanging branches, especially if they require high access.
Tree surgeons will also be able to check whether a tree is under a tree preservation order, which protects certain trees and restricts the amount of work being carried out on them. This is also something to consider if you’re looking to cut down the branches yourself.
Who’s Responsible for Branch Clearance?
So now you’ve had the branches cut, what do you do with them? It’s likely that if your neighbour has let the branches overhang into your property, they won’t be too bothered if you remove them yourself.
However, technically they are still the tree owner’s property, but what you can’t do is fling the branches and fruit into their garden, as this could be classed as fly-tipping. The best approach is to speak to them about this at the same time you notify them of your wish to prune the branches.
If you employ a tree surgeon to trim your tree, they can take the branches away with them.
