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Neighbour's tree overhanging your garden
Quick answer: In general you can cut branches that overhang your boundary back to the boundary, but the cuttings belong to the tree's owner and you must not damage the tree or break the rules on protected trees. Talk to your neighbour first and check for a TPO or conservation area.
Trees and neighbours cause a lot of disputes. A calm conversation and a little knowledge usually solve it.
Overhanging branches
- You can generally cut branches back to your boundary, but not beyond it.
- The branches still belong to the tree's owner, so offer them back, or ask what they would like done.
- You must not damage the tree, or cut it so heavily that it could die or become unstable.
- If the tree has a Tree Preservation Order or is in a conservation area, you need consent or notice first. See permission to cut down a tree.
Roots
Roots can affect drains, paving and, in some soils, foundations. Do not cut the roots of a protected tree without consent. If you think roots are damaging your home, take advice from a surveyor or arboriculturist and speak to your insurer.
Leaves and fruit
Falling leaves and fruit are usually considered a normal part of owning a garden next to trees.
What to do
- Talk to your neighbour and agree who does what and who pays.
- Check for protection.
- Get a qualified tree surgeon to do the work, as it is safer and avoids damage.
- If it cannot be resolved, mediation can help, and legal advice may be needed in serious cases.
Frequently asked questions
Can I cut my neighbour's overhanging branches?
Generally you can cut them back to your boundary, but you must not damage the tree, and you need consent first if it is protected. The cuttings belong to the tree's owner.
Who pays to cut an overhanging tree?
It depends and is worth agreeing in advance. The tree's owner is responsible for the tree, and talking first avoids disputes.
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