Having a beautiful garden is a homeowner’s dream, but it can turn into a nightmare when overhanging trees become a source of conflict between neighbours. If you find yourself in this situation, it’s crucial to understand your rights.
In this blog, the experts at Branching Out Tree and Garden Services will guide you through the key aspects of the law to ensure you handle the issue responsibly and peacefully. From disposing of branches to consulting your local council, here is everything you need to know…
Define tree ownership
One of the first steps in addressing overhanging trees is determining the ownership of the tree in question. In the UK, if the overhanging tree is rooted in your neighbour’s property, they are typically considered the legal owners. It means that they have the responsibility for maintaining the tree, including trimming any overhanging branches.
However, as a homeowner, you have the right to trim any overhanging branches that extend into your property. Please note, it’s essential to proceed with caution to avoid causing damage or harm to the tree. According to the Common Law principle, you must not enter your neighbour’s property without their permission to carry out the trimming as this could result in a claim for trespassing.
Once you’ve trimmed the overhanging branches, it’s crucial to dispose of the cuttings responsibly. You have the right to return the trimmings to your neighbour if they belong to them. Alternatively, you can also reach an agreement with your neighbour on how to handle the disposal.
If the trunk of the tree forms part of the boundary between two properties, technically it is jointly owned. If one homeowner cuts down the tree without consent from their neighbour, that could be deemed as trespass, so permission should always be sought before work is carried out.
Overhanging trees: legal steps
Not every situation can be dealt with reasonably, particularly if your relationship with a neighbour has already broken down. This means you might need to consider consulting a solicitor to enforce your legal rights to deal with the overhanging branches.
If the overhanging branches significantly obstruct sunlight into your property, you may have the right to claim for “encroachment of light”. This is based on the Right to Light Act 1959, which allows you to seek legal action against your neighbour to preserve your right to natural light.
When the overhanging trees cause significant damage to your property or pose a continuous nuisance (e.g. falling leaves, branches, fruits), you may have a legal basis to request your neighbour to take action. You will need to refer to the law of “private nuisance” and “trespass” to protect your property rights.
Before escalating the matter legally, it’s wise to attempt to engage in open communication with your neighbour about the overhanging trees. Many issues can be resolved amicably through dialogue and compromise. If direct communication proves challenging, consider using mediation services to find a peaceful resolution.
Talk to the local council
If you find yourself in a complex dispute with your neighbour over overhanging trees, you can seek guidance from your local authority. They can provide information on local tree preservation orders (TPOs) and whether the overhanging trees are protected by any specific regulations.
If an overhanging tree is on public land, such as a park or street, you have the right to prune the branches back to the boundary of your property without informing the council.
Do you have a question about overhanging trees?
If you want to understand your rights as a UK homeowner when dealing with overhanging trees, or have any other questions about trees, please contact the team at Branching Out Tree and Garden Services. We are NPTC and Lantra qualified local tree surgeons who cover the North Hertfordshire and Bedfordshire area.
Please note: this blog is a general guide and not legal advice. If you are facing a specific issue with overhanging trees, it’s best to consult with a qualified legal professional for advice relevant to your situation.