🌳 Can You Cut Back a Neighbour’s Tree?
What the Law Actually Says
Tree disputes are one of the most common issues we see.
Branches overhanging. Leaves everywhere. Light being blocked. Gutters filling up.
And the question always comes up:
“Can I just cut it back?”
The answer is yes, but only if you do it properly.
Here’s a clear, no-nonsense guide to where you stand legally.
Your legal right (the simple version)
If a neighbour’s tree is overhanging your property:
👉 You have the right to cut it back
👉 But only up to your boundary line
This is known as your “right to abate a nuisance” under common law.
You don’t need permission to do this.
But, and this is where people get caught out, there are rules.
What you can’t do
You must not:
Cut beyond your boundary
Step onto your neighbour’s land without permission
Damage or destabilise the tree
If you do, you could be liable for:
👉 Property damage
👉 Trespass
👉 Cost of replacing the tree
Even if the tree is causing you a problem.
Who owns the branches you cut?
This surprises a lot of people.
👉 The tree still belongs to your neighbour
👉 So do the branches you cut
Legally, you should:
Offer them back to the owner
Dispose of them properly if they decline
Throwing them back over the fence?
👉 That can actually be classed as fly-tipping.
Do you have to cut it, or does your neighbour?
Another common misconception.
👉 You are responsible for cutting back anything on your side
👉 Your neighbour doesn’t have to do it for you
Unless…
The tree is causing actual damage (e.g. drains, structures)
Or it becomes dangerous
In those cases, the tree owner may be liable.
Big warning: protected trees
Before you touch anything, check this:
Is the tree covered by a Tree Preservation Order (TPO)?
Is it in a conservation area?
If yes:
👉 You must get council permission first
Ignoring this can lead to serious fines, even if the branches are over your side.
Also worth knowing: nesting season
Between roughly March and August:
👉 It’s illegal to disturb active bird nests
So even if you’re within your rights:
Work may need to be delayed
Or carried out carefully by professionals
The practical reality (from experience)
The law is one thing.
But in reality, most issues come down to communication.
Before cutting anything:
Speak to your neighbour
Explain the issue
Agree a plan if possible
It avoids:
Disputes
Complaints
Escalation
And often leads to a better outcome for both sides.
When to get a professional involved
You should consider a professional if:
The tree is large or mature
Access is difficult
You’re unsure on boundaries
There’s risk of damaging the tree
The tree may be protected
Because while the law gives you rights…You’re still responsible for how the work is carried out.
Final thought
You are within your rights to deal with overhanging branches. But it’s not a free-for-all.
Cut to the boundary.
Stay on your side.
Do it properly.
Get that right, and you stay within the law, and out of neighbour disputes.
If you’re unsure, it’s always better to ask.
That’s what we’re here for.
Want help?
If you’ve got a tree causing issues, we’re happy to advise, even if it’s just pointing you in the right direction.
