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. Overhanging trees and overgrown trees can be considered a nuisance, especially if they cause damage, block light, or overhangs affect your enjoyment of your property.
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. When carrying out pruning, you are responsible for any damage caused to your neighbour’s property, building, or wall, including if roots or branches cause harm. Fallen fruit and fallen leaves from overhanging branches generally remain the responsibility of the tree owner, but if they result in blocked drains or other issues, you should notify your neighbour to deal with the problem promptly.
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. You cannot simply throw branches, prunings, or debris into your neighbour’s property; instead, you should offer them back or dispose of them properly.
Under common law, you have the right to prune branches and roots that cross from a neighbouring property onto your own. This is known as ‘abating a nuisance’. You can cut them back to the boundary line, but you must not go any further.
It is important to note the following:
- No Trespassing: You cannot enter your neighbour’s property to carry out the work without their explicit permission.
- Preventing Damage: You have a duty of care to not damage your neighbour’s property. Any pruning must be done in a way that does not kill the tree or make it unstable. If your actions cause the tree to die or fall, you could be held liable for the damages.
- Legal Protections: Before any work begins, you must check if the tree is subject to a Tree Preservation Order (TPO) or if it is located within a Conservation Area. If either of these protections applies, you must obtain permission from your local council before proceeding. Significant fines can be issued for unauthorised work on protected trees.
- Wildlife Considerations: The Wildlife and Countryside Act 1981 makes it an offence to intentionally damage or destroy the nest of any wild bird while it is in use or being built. You must check for active nests, particularly during the nesting season (generally March to August), before cutting any branches.
While it is your right to trim overhanging branches, it is always best practice to discuss your intentions with your neighbour first. A simple conversation can prevent misunderstandings and conflict.
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. Hedges, high hedges, and plants can also cause similar disputes between neighbours, especially regarding light, privacy, and boundary issues.
When pruning, it is important to hire a professional tree surgeon to carry out tree work, especially for protected trees or those in conservation areas. The local authority or council may need to be notified if tree preservation orders apply, and only qualified professionals should carry out such work. The cost of maintenance or pruning may need to be shared, and it is important to deal with these issues promptly to maintain good relations. Regularly maintaining trees and hedges helps prevent nuisance and legal disputes.
Tree roots can cause damage to buildings, walls, and drains, and you have the legal right to cut roots up to the property boundary. When planting new trees or hedges near boundaries, consider future growth and the potential for disputes with neighbours.
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. The cost of tree work can be significant, and it is often worth paying a professional tree surgeon to carry out the work safely and legally. 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.
If you choose to exercise your common law right to cut back the overhanging branches to your boundary, the cost of this work falls to you.
Your neighbour is not legally obligated to pay for or carry out the trimming, even if you ask them to. While you can request that they arrange and pay for the work, they are entitled to refuse. The main exception is if the tree is proven to be dangerous, in which case the tree owner has a duty of care to take action. If they fail to act on a known hazard, they may be liable for any subsequent damage.
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. When hiring a tree surgeon, ensure the professional is qualified to carry out and is carrying out the work in compliance with all legal requirements.
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. Tree preservation orders are legal mechanisms used by the local authority or council to protect specific trees, and failing to comply can result in penalties. If the tree is protected by a tree preservation order or is in a conservation area, you must obtain permission from the local authority or council before any work is carried out.
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 you cannot simply throw the branches, fallen fruit, or fallen leaves into your neighbour’s property, 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 fallen leaves or fruit cause blocked drains, you should deal with the issue promptly and notify the tree owner.
If you employ a tree surgeon to trim your tree, they can take the branches away with them. The cost of disposing of branches and debris may need to be discussed with your neighbour, especially if professional removal is required.
