Neighbour’s Trees and the Law
What You Can (and Can’t) Do
Overhanging branches or encroaching roots from a neighbour’s tree can sometimes cause real issues—blocking sunlight, creating debris, or even damaging your property. But before you pick up the saw, it’s important to understand exactly what the law allows in the UK.
At Beechwood Trees and Landscapes Ltd, we’re often asked where the boundaries lie. Here’s a clear, fact-checked guide to help homeowners and landowners avoid disputes, and stay on the right side of the law.
1. You Can Cut Back to the Boundary
Under common law rights, you are entitled to cut back branches or roots that cross into your property, without needing your neighbour’s permission. However, you cannot go beyond the boundary line onto their property without consent.
2. The Cuttings Still Belong to the Tree Owner
Any pruned branches, roots, or even fruit remain the legal property of your neighbour. You are obliged to offer these back to them. In most cases, they won’t want them, but you cannot simply throw them back over the fence, as this could be classed as fly-tipping.
3. You Must Avoid Causing Damage
If pruning destabilises or kills the tree, you could be held legally liable for damage. That’s why it’s always wise to consult a qualified arborist before carrying out work—especially on larger or mature trees.
4. Check for Tree Preservation Orders (TPOs)
If the tree is protected by a Tree Preservation Order (TPO) or is located in a conservation area, you must get written consent from your local council before carrying out any work. Breaching these rules is a criminal offence that can carry heavy fines.
5. Wildlife Protections Apply
It is an offence under the Wildlife and Countryside Act 1981 to disturb nesting birds or roosting bats. Always check carefully before starting work. Professional arborists will carry out an ecological check before undertaking any pruning or felling.
6. Fruit Belongs to the Tree Owner
Even if fruit falls naturally into your garden (“windfall”), it still legally belongs to the tree’s owner. You should not consume or remove it without their permission.
7. High Hedges Law
Where the problem involves evergreen hedges (such as Leylandii) that grow over 2 metres in height, this can fall under the Anti-Social Behaviour Act 2003. In such cases, complaints can be made to the local council, who may intervene if the hedge is deemed to be adversely affecting neighbours.
8. Roots and Structural Damage
Encroaching roots can damage walls, drains, or contribute to subsidence. This can become a costly problem if ignored. Where damage is suspected, it’s essential to seek advice from both an arboricultural consultant and, if necessary, your home insurer.
9. Safety and Duty of Care
DIY pruning might seem simple, but using ladders or chainsaws without training creates serious risks. If your actions cause damage or injury, you could be held liable under your duty of care. Larger or higher works should always be left to qualified tree surgeons with insurance.
10. Communication is Key
While the law gives you rights, disputes can quickly sour neighbourly relations. A simple conversation before taking action is often the best first step. Many issues can be resolved amicably—and in some cases, your neighbour may prefer to deal with the tree themselves.
If communication breaks down, mediation services are available to help resolve disputes without escalating to legal action.
Top Tips Before You Prune a Neighbour’s Tree
Talk first – most issues are solved with a simple conversation.
Check legal protections – is the tree subject to a TPO or in a conservation area?
Protect wildlife – ensure no nesting birds or roosting bats are present.
Stay within the boundary – never cross onto their land without permission.
Offer cuttings back – remember they legally belong to the tree’s owner.
Use professionals – safe, legal work is always best carried out by qualified arborists.
Our View at Beechwood
Tree law in the UK tries to balance property rights with environmental responsibility. The key takeaways?
You can cut back to your boundary.
You mustn’t damage or kill the tree.
Always check for legal protections and wildlife.
Good communication prevents disputes.
At Beechwood Trees, we’ve been helping homeowners, businesses, and local authorities manage their trees responsibly for over 25 years.
As Arb Approved Contractors since 2010, we work in line with BS3998:2010 Recommendations for Tree Work, ensuring all work is safe, legal, and professional.
📩 Contact us today at office@beechwoodtrees.co.uk
