Branches or roots from my neighbour’s tree are growing over my boundary. What can I do?

Under ‘common law’, you may be able to prune branches or roots which grow over your boundary. However, you also have a legal duty to take ‘reasonable care’ whilst undertaking any works and you may be liable if you damage the tree or cause it to become unstable

HA Trees And Countryside Or Wildlife 02 Neighbourcuttingtree 26
HA Trees And Countryside Or Wildlife 02 Neighbourcuttingtree 26

Branches or roots from my neighbour’s tree are growing over my boundary. What can I do?

Under ‘common law’, you may be able to prune branches or roots which grow over your boundary. However, you also have a legal duty to take ‘reasonable care’ whilst undertaking any works and you may be liable if you damage the tree or cause it to become unstable

There are important legal and practical considerations. 

HA Pruning Aerial Pruning9

Your right to cut back

You may: 

  • Cut branches or roots back to the boundary line 
  • Only remove what crosses into your property 

You must not: 

  • Enter your neighbour’s land without permission 
  • Damage or destabilise the tree 

It is therefore unwise to undertake works without first consulting a qualified arboriculturist (tree expert), ideally approved by the Arboricultural Association. You should also check with the Council prior to undertaking any works to make sure that the trees are not protected. 

Returning cut material

Legally, cut branches and roots remain the property of the tree owner. You should offer the material back. 

Protected trees

If the tree is protected by a TPO or in a Conservation Area, you must obtain permission from the local authority before carrying out any work, even if the growth crosses your boundary.

Try talking first

A friendly discussion with your neighbour often leads to better outcomes and may allow a jointly agreed solution. 

When to seek advice

If: 

  • The tree is large or valuable 
  • You are unsure about protection status 
  • The situation may escalate into a dispute 

Seek professional advice.

Next steps