Trees and Neighbours – Where Do You Stand?
It’s one of those garden problems that can start with something very small.
A few branches creep across the boundary. Perhaps they begin shading the patio, dropping leaves into the gutter, or simply getting bigger than you’re comfortable with.
The tree belongs to your neighbour, but the branches are now in your garden.
So, can you cut them back?
The short answer is yes, but there are some important rules to follow.
The Boundary Is the Important Bit
Under UK common law, you are generally entitled to cut back branches or roots from a neighbouring tree where they cross onto your property.
However, you can only cut them back as far as the boundary.
You cannot reach across the boundary to prune more of the tree, nor can you enter your neighbour’s property to carry out the work without their permission.
There is another slightly curious point: the branches and other material you remove still technically belong to the owner of the tree. You should therefore offer the arisings back to your neighbour, although in reality most people will be quite happy for you to dispose of them.
Before You Reach for the Saw…
Having the right to prune doesn’t mean you have the right to damage the tree.
If the work causes significant damage, introduces disease or results in the tree dying, you could potentially be held liable.
This becomes particularly important with larger branches and roots, where seemingly straightforward pruning can have much greater consequences for the tree.
For anything beyond minor trimming, getting advice from a qualified and insured arborist is sensible.
The work should follow the principles of BS 3998 – Recommendations for Tree Work.
There is also something else you should check first.
Is the Tree Protected?
A tree can be growing in your neighbour’s garden and still have legal protection.
It may be covered by a Tree Preservation Order (TPO) or be situated within a Conservation Area.
If either applies, you may need consent or need to give notice to the Local Planning Authority before carrying out work – even though the branches are growing across your boundary.
Don’t assume that because the branch is on your side of the fence you can automatically prune it.
Talking First Is Usually the Best Approach
Legally, you may have certain rights, but neighbourly relations matter too.
Before arranging any work, have a friendly conversation with your neighbour and explain what is concerning you and what you would like to do.
Quite often that’s all that’s needed.
It also allows you to discuss the tree as a whole rather than simply cutting everything back to an imaginary vertical line through its canopy.
What If You Can’t Agree?
If a disagreement does develop, going straight down the legal route is rarely the best answer.
Mediation can provide an independent way for both sides to discuss the problem and find a practical solution. Services such as the RICS Neighbour Disputes Service can provide specialist guidance, and courts generally expect reasonable attempts to have been made to resolve a dispute before legal proceedings are considered.
But Don’t I Have a ‘Right to Light’?
This is another question we hear surprisingly often.
A legal right to light can exist in certain circumstances, typically involving daylight that has passed through a window uninterrupted for 20 years or more.
However, the legislation is principally concerned with buildings and development and rarely provides a straightforward remedy for a tree blocking light.
Importantly, there isn’t a general legal right to sunlight in your garden or on your patio.
There is, however, separate legislation dealing with high evergreen hedges. Where a high hedge causes significant year-round problems, your local council may be able to intervene under the High Hedges provisions of the Anti-social Behaviour Act 2003.
This applies to qualifying hedges rather than an individual tree.
One Last Thing – Think Before Starting a Dispute
There is another reason why resolving things amicably is worthwhile.
If a disagreement with a neighbour develops into a dispute, it may need to be declared when you eventually sell your property. The TA6 Property Information Form used during conveyancing specifically asks about disputes and disagreements with neighbours.
A conversation over the garden fence is therefore preferable to a dispute whenever possible.
In a Nutshell
If a neighbour’s tree is growing across your boundary:
- You can generally prune branches and roots back to the boundary, but no further.
- Don’t carry out work that could damage or destabilise the tree.
- Check whether the tree is protected by a TPO or within a Conservation Area before starting work.
- Speak to your neighbour first, it’s usually the simplest solution.
- For larger or more complicated work, use an appropriately qualified and insured arborist.
- Remember that a ‘right to light’ doesn’t normally give you a right to have a neighbour’s tree reduced or removed.
- If a genuine dispute develops, mediation is generally a much better first step than court proceedings.
Final Thoughts
Trees don’t recognise property boundaries, which is why problems occasionally arise.
Fortunately, most boundary tree issues don’t need to become disputes. Understanding what you are entitled to do, checking the legal position before starting work and having a friendly conversation with your neighbour will resolve the majority of situations.
And if you’re not quite sure where you stand, getting some advice before making the first cut can save a great deal of trouble afterwards.
