My neighbours are unhappy that a tree growing in my garden overhangs their property and say they have the right to cut it back. Is this correct?

In some cases, your neighbour does have the right to cut back branches or roots that cross their boundary, but important rules apply.

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

My neighbours are unhappy that a tree growing in my garden overhangs their property and say they have the right to cut it back. Is this correct?

In some cases, your neighbour does have the right to cut back branches or roots that cross their boundary, but important rules apply.

Under common law rights a neighbour can cut back any foliage that overhangs the boundary to the boundary line without reference to the owner of the tree/shrub; this includes roots.

If the tree is covered by a Tree Preservation Order (TPO) or is growing within a Conservation Area, the consent of the local planning authority must first be obtained. There is no right for anyone to enter the tree owner's land to carry out these works.

What your neighbour may do

They may:

  • Cut growth back to the boundary line
  • Only remove what crosses onto their land

What they must not do

They must not:

  • Enter your land without permission
  • Damage or destabilise the tree

Cut material legally remains your property and should be offered back.

Protected trees

If the tree is protected by a TPO or in a Conservation Area, your neighbour must obtain permission before carrying out any work.

Managing the situation

  • Talk with your neighbour
  • Agree a sensible approach
  • Consider using a professional

Next steps