Trees on boundary lines are jointly owned by both neighbours, which often leads to confusion about who’s responsible for cutting overhanging tree branches. This shared ownership can spark disagreements about who should trim overhanging branches.
This guide will walk you through your legal rights when it comes to overhanging trees. You’ll learn about the “right to abate a nuisance” as well as important considerations for protected trees. We’ll also cover the steps you should take to handle tree-related disputes with your neighbours effectively.
Understanding Tree Ownership and Responsibility in UK Law
Over a million householders each year suffer damage to their property or experience an accident caused by a neighbour’s trees and hedges.
Understanding who owns a tree and the responsibilities that come with tree ownership is crucial for preventing conflicts between neighbours. UK tree law has specific provisions about who owns trees, how they should be maintained, and what you can or cannot do with trees near your property.
How to determine who owns a tree
Tree ownership is determined by the location of the main stem or trunk. If a tree’s trunk stands wholly on your land, you are the legal owner of that tree. For trees situated on boundary lines, check your property’s legal documents or title deeds, which typically indicate boundary positions and responsibilities.
If you don’t have these documents, you can buy them from the Land Registry for a small fee. In unclear cases, consider consulting a surveyor from the Royal Institution of Chartered Surveyors (RICS).
Legal obligations of tree owners
Tree owners have a “duty of care” to ensure their trees don’t pose unacceptable risks to people or property. This means they need to:
- Check trees regularly to spot possible dangers
- Fix problems once they find them
- Keep records of all checks and works done
Tree owners might be liable for damage if they do not meet these duties and damage or injury was “foreseeable”. In spite of that, tree owners are not responsible for damage caused by diseases not visible during proper examination or for damage caused by extreme weather. We recommend you hire qualified arborists to carry out tree maintenance and checks.
Find out more about what an arborist can help you with here. See the Arboricultural Association’s guide to trees and the law here for further guidance.
Boundary line considerations
When a tree’s trunk sits directly on the boundary line between two properties, it’s jointly owned by both parties as “tenants in common”. Both owners must agree before anyone cuts down or heavily prunes these trees. Otherwise, it would be considered trespassing. Trees that self-seed or were planted belong to whoever owns the soil where the stem grows.
Ownership of fruit and fallen debris
The fruit from a tree belongs to the tree owner, whatever happens – even if it falls onto a neighbour’s property. The tree owner has the legal right to go onto their neighbour’s property to collect fallen fruit, but they must not cause damage or linger unnecessarily. Leaves falling onto a neighbour’s property are not the tree owner’s problem unless they cause serious issues like blocked drains. Neighbours should write to the tree owner if this happens.
Overhanging Trees Law UK
Many neighbourhood disputes in the UK involve trees, with overhanging branches causing most of these conflicts. UK law gives clear guidelines for dealing with branches crossing property boundaries, which helps balance the rights of tree owners and neighbouring property owners.
The right to abate a nuisance
Under UK law, you have the right to “abate a nuisance” by trimming branches that hang over your property line. This law means you can trim any part of your neighbour’s tree crossing your boundary without requiring their permission first. Essentially, this means you can take action rather than wait for the tree owner to fix the issue.
Limitations on cutting back trees
The right to trim overhanging branches comes with several key limits:
- You can only cut branches up to your property line
- All trimming work must be done from your property without trespassing
- The pruning should not damage the tree’s health or stability
- You cannot extend cutting beyond your boundary line to stop future growth
- Special restrictions apply if the tree has a Tree Preservation Order (TPO) or is in a Conservation Area
Learn more about how to trim and prune a tree here. For anything more than basic pruning, we recommend you hire a professional arborist.
Returning cut materials to the owner
The cut branches legally belong to the tree owner, so you must offer them back to them. If they do not want them, you are responsible for disposing of them properly at your own cost. It is unwise to throw branches back over the fence, as this counts as fly-tipping and could lead to legal action.
Who is responsible for overhanging branches?
The property owner affected by overhanging branches should trim overhanging branches. Tree owners do not have to cut back branches that encroach on neighbouring properties unless they cause damage. It’s important to note that local councils will only step in once overhanging branches are a safety hazard.
Can I cut my neighbour’s overhanging tree?
Yes, you have the right to cut branches up to your property line.
However, before you start, you should:
- Take photos to document the situation
- Let your neighbour know what you plan to do
- Check if the tree has TPO protection or sits in a Conservation Area
- Get professional help from a tree surgeon for anything more than basic pruning
Can my neighbour cut my tree without asking?
Yes, your neighbour can legally trim branches hanging over their property without seeking your permission first. They must give the cut material to you and make sure they don’t harm the overall health of your tree.
Learn more about the rules on legally cutting down a tree in the UK.
Step-by-Step Guide to Resolving Tree Disputes
Many homeowners have experienced boundary disputes, and tree-related issues top the list of these conflicts. A systematic approach helps solve issues with overhanging branches or encroaching roots while staying friendly with your neighbours. The following section outlines practical steps to resolve tree disputes effectively before they end up in court.
Document the issue with photographs
Start by creating a thorough record of the situation:
- Take clear, dated photographs from several angles that show how far branches overhang
- Capture images at different times of day to show different impacts like shadow patterns
- Keep notes about specific windows or garden spots that get affected
- Take photos of any visible damage to structures or paving from tree roots
These records are great evidence for future talks with neighbours, mediators, or authorities if the dispute progresses further.
Communicate with your neighbour
Once you’ve documented the issue, it’s time to reach out to your neighbour.
Start with a friendly chat face-to-face – they may not even know about the problem. Stay calm while explaining your concerns and suggest practical fixes like splitting tree pruning costs. Write down everything you both discuss and agree upon.
If you or your neighbour feel uncomfortable with a direct conversation, a written note or asking a mutual acquaintance to help with the discussion are good alternatives.
Seek mediation if communication fails
Mediation becomes your next best step if direct communication doesn’t work out.
With mediation, a neutral professional helps both sides reach an agreement. It often costs less and moves faster than legal action. Many local councils provide mediation services, and there are groups such as the Civil Mediation Council that can help. Mediation most often ends with a positive outcome.
When to involve local authorities
Involving local authorities should be a last resort.
However, your council needs to know if an overhanging tree has a Tree Preservation Order or is located in a conservation area. Report trees that you believe are dangerous or causing structural damage. They can guide you through planning laws, tree preservation orders and high hedge regulations.
Learn more about how to resolve a neighbour tree dispute on the GOV UK website here.
Special Considerations for Protected Trees
Protection laws add another layer of complexity to the question of who is responsible for cutting overhanging tree branches in the UK. Many tree disputes get worse because people do not understand protected tree status rules. You need to check if special legal protections apply before you touch any tree – even trees overhanging your property.
Tree Preservation Orders explained
Local planning authorities use Tree Preservation Orders (TPOs) to protect specific trees, groups of trees, or entire woodlands that benefit public spaces. Without written consent from local authorities, you cannot cut down, lop, top, uproot, damage or destroy protected trees. Your rights regarding overhanging branches are superseded by TPOs. These rules protect single trees, groups, woodland areas, and trees within designated areas.
Conservation Area restrictions
Trees in conservation areas get automatic protection if their stem diameter is more than 75mm when measured 1.5 meters above ground level. You must notify the council in writing six weeks before starting any tree work. This gives authorities time to check if your plans would damage the conservation area’s character and lets them put a TPO in place if needed.
Wildlife protection laws during nesting season
Extra rules apply from February to August due to bird nesting season. The Wildlife and Countryside Act 1981 makes it illegal to disturb active bird nests. Breaking this law could lead to unlimited fines and up to six months in jail. It’s important to bear in mind when you plan to deal with overhanging branches to avoid breaking wildlife protection laws. This applies to all overhanging branches, even those not protected by a TPO.
Penalties for unauthorised tree work
Breaking protected tree laws can lead to harsh penalties:
- TPO violations can result in unlimited fines
- You may get a criminal record if you are prosecuted
- Courts can make you plant replacement trees
- Prison sentences can be imposed for serious offences
Given these legal complexities, it is recommended to get advice and support from a certified arborist. Forbes Tree Care provides specialist tree surveys to check if a tree is protected and professional tree maintenance services that follow all legal requirements. This ensures you can exercise your property rights safely within the law.
Learn more about the costs of hiring a tree surgeon here.
FAQs about Overhanging Trees
Q1. Can I trim overhanging branches from my neighbour’s tree?
Yes, you have the right to cut back branches that extend over your property line up to the boundary. However, you must not trespass onto your neighbour’s property or damage the tree’s health. It’s best to inform your neighbour before trimming.
Q2. Who is responsible for maintaining trees that overhang property boundaries?
The responsibility primarily falls on the affected property owner to trim overhanging branches. The tree owner does not have to cut back branches unless they cause actual damage. However, tree owners have a duty of care to ensure their trees don’t pose unacceptable risks to people or property.
Q3. What should I do if my neighbour’s tree is protected by a Tree Preservation Order?
If the tree is protected by a Tree Preservation Order (TPO), you must obtain written consent from the local authority before carrying out any work, even on branches overhanging your property. Unauthorised work on protected trees can result in severe penalties, including unlimited fines.
Q4. Are there any restrictions on when I can trim overhanging branches?
Yes, there are timing restrictions to consider. Between February and August, which is bird nesting season, it’s illegal to disturb active bird nests under the Wildlife and Countryside Act 1981. Additionally, if the tree is in a Conservation Area, you must give the council six weeks’ written notice before carrying out any work.
Get professional help to manage overhanging trees
Tree disputes between neighbours require careful navigation of legal requirements, especially with protected trees. While you have the right to trim overhanging branches, a professional tree surgeon can make sure you act legally and maintain a healthy tree. At Forbes Tree Care, our tree surgeons offer tree surveys to identify if a tree is protected. We also offer tree maintenance services that follow all legal guidelines. Contact us today to see how we can help you!
