A comprehensive guide to navigating the legal and practical considerations of dealing with encroaching tree roots

It's a scenario many homeowners face: a tree on your neighbour's property is sending roots under your land, lifting paving stones, interfering with drainage systems, or simply becoming a persistent nuisance. Your first instinct might be to grab a spade and solve the problem yourself. But hold on—there are serious legal and ecological considerations that could save you from costly mistakes and potential disputes.

Our own Simon Rotheram, a qualified arboriculturist and Director of Beechwood Trees & Landscapes Ltd, provides expert guidance on what homeowners need to know before taking action.

Essential Checks Before You Start

"Root pruning might seem straightforward, but in many cases, you're interfering with protected or legally sensitive trees," warns Simon. Before you do anything, you must investigate several crucial factors:

Tree Preservation Orders (TPOs)

If the tree is protected by a TPO, any work—including root pruning—requires written permission from your local authority. Proceeding without approval isn't just risky; it's a criminal offence that could result in significant fines.

Conservation Area Protections

Trees located in designated conservation areas receive automatic protection. Even without a specific TPO, you're legally required to notify the council before carrying out any work.

Wildlife Considerations

The Wildlife and Countryside Act 1981 makes it illegal to disturb nesting birds, roosting bats, or other protected species and their habitats. Cutting roots without checking for wildlife could result in serious legal consequences.

Boundary Verification

You can only legally prune roots within your own property boundary. Cross that line, and you risk civil liability. Always confirm the exact boundary before starting any work—this simple step could prevent expensive disputes later.

The Hidden Risks of Root Cutting

Many homeowners underestimate the potential consequences of root removal. "Cutting structural roots can compromise the tree's stability, especially during storms," Simon explains. "It can also reduce the tree's access to water and nutrients, increasing stress and making it more vulnerable to disease."

The outcomes can vary dramatically:

The tree might survive but become dangerously unstable
It could decline rapidly or die completely
If the tree dies due to your root pruning, you could be held liable for its loss

Why Professional Advice Is Essential

This is where many well-intentioned homeowners make critical errors. "Before touching any tree roots, you should consult a qualified arboriculturist," Simon strongly advises. "They'll help you understand the legal position, assess risks to the tree or surrounding structures, and explore alternatives like root barriers."

Investing in professional advice early can prevent costly mistakes and protect you in the event of neighbour disputes or insurance claims. The initial consultation fee is often a fraction of what you might pay to resolve problems later.

When Roots Cause Structural Damage

If tree roots are causing cracks in your property or you suspect subsidence, resist the urge to act immediately. The Arboricultural Association recommends conducting a non-invasive investigation first, such as root and soil analysis, before taking any remedial action.

Cutting roots without understanding the underlying cause might not solve your problem and could create new, more serious issues.

Regular Tree Inspections: Prevention Is Better Than Cure

The best approach to avoiding tree disputes is proactive management through regular inspections. These aren't just about tree health—they're about preventing conflicts before they develop.

Common issues that trigger neighbour complaints include:

Overhanging branches
Encroaching roots
Leaning trunks
Unmanaged growth

Regular, documented inspections help tree owners:

Identify structural risks such as deadwood, decay, or root plate movement
Spot potential nuisance or obstruction issues early
Demonstrate reasonable care, which is crucial if disputes escalate

According to the Arboricultural Association, tree owners have a duty of care to ensure their trees don't pose unreasonable risks to others. Regular inspections by qualified arboriculturists are essential for protecting both safety and neighbourly relationships.

Your Rights When Cutting Overhanging Branches

UK homeowners do have legal rights to prune branches and roots that cross onto their property, but these rights come with important responsibilities:

Stay Within Boundaries

You can cut what overhangs your property, but you must not enter your neighbour's airspace or land to do so. This includes climbing their tree or accessing their side without explicit permission.

Protect the Tree

Carelessly cutting large limbs can destabilise or stress the tree, potentially making you liable for damage—especially if the tree has a TPO or sits within a conservation area.

Check for Wildlife

Before any work begins, ensure no protected wildlife is present. It's illegal to disturb nesting birds or roosting bats under the Wildlife and Countryside Act 1981.

Handle Cuttings Appropriately

Technically, you're obliged to return cut branches to your neighbour, though it's good practice to agree on disposal methods in advance to avoid appearing confrontational.

Consider Professional Help

For mature or valuable trees, or where access and technique matter, using a qualified arborist ensures work is safe, legal, and won't spark disputes.

The Bottom Line

While you may have the legal right to cut roots encroaching onto your land, having the right doesn't mean you should act without careful consideration.

Root cutting can have serious consequences for tree health, safety, and your legal position. Before taking any action, seek expert advice and thoroughly check the tree's protection status.

As Simon concludes, "It's often far cheaper to speak to a professional than to deal with the legal or ecological fallout later."

Remember, tree disputes often arise not from the trees themselves, but from poor communication and inadequate management. Regular inspections, clear boundary understanding, and respectful pruning practices go a long way toward maintaining both healthy trees and positive neighbourly relationships.

For professional tree advice and services, consult a qualified arboriculturist in your area. Always check local authority requirements before carrying out any tree work.

Can I Cut the Roots of a Neighbour's Tree?