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
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.
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.
Legally, cut branches and roots remain the property of the tree owner. You should offer the material back.
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.
A friendly discussion with your neighbour often leads to better outcomes and may allow a jointly agreed solution.
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
- Check tree protection status (local council / Gov.uk)
- Speak with your neighbour
- Find an ARB Approved Contractor
- Find an Arboricultural Association Registered Consultant