Problems With Neighbouring Trees: Action Guide

If your property shares a boundary with a neighbour's property, there are a few aspects of the law (and good neighbourliness) that you need to bear in mind when growing trees/hedges. This guide covers what you need to know and also what you can do if you are having problems with your neighbour's trees.


Cutting back trees

You have a common law right to cut back tree branches that overhang onto your property. It is however always best to discuss with your neighbour about any trees / hedges you wish to cut back before doing so.

  • The law states that any branches cut off belong to the person on whose land the tree originally grew, so you should ask your neighbour if they want them back, or if they are happy for you to dispose of them.

  • Do not just throw trimmings back over the boundary - this could constitute 'fly tipping'. Ask your neighbour whether they would like any trimmings back.

  • Equally any fruit on trees, even if they are growing on branches which overhang your property, still belongs to your neighbour. You are therefore stealing if you pick these for yourself without your neighbours' permission.



Neighbour cut my trees right back My neighbour recently contacted me to say she was going to get the overhanging branches from the large tree in my garden removed and that some branches may end up in my garden. I said I didn't have a problem with her removing any overhanging branches. I got up this morning to find that my trees had been basically chopped down. The overhanging branches were indeed removed but right down to the tree trunk! I now have a line of bare tree on my side. I understand that they have a right to cut back to the boundary line but these trees are not on the boundary line - do I have any rights regarding this situation?



  • If you are pruning a neighbours' tree, be careful that you do not damage the tree further back than your boundary.

  • If you damage the tree on their side, they may claim against you for the replacement cost of the tree.

  • Be careful to check if any trees are subject to a preservation order - your local authority will be able to tell you this. If you cut down a tree with a preservation order, you will be guilty of an offence under section 210 or 211 of the Town and Country Planning Act 1990.



Can we invoice neighbour for tree cutting? There is a 20 metre long fence between us and our neighbour with a wall of fir trees growing on the neighbour's side of the fence. We hired a gardener to trim the fir tree branches back to the border of the fence. Can we send the Invoice received from the gardener to the neighbour?


If you choose to cut down overhanging branches, or trim trees, you will have to pay for the cost of doing so yourself. Try speaking to your neighbour however as you may be able to reach some sort of agreement in relation to any gardening work required, though they are not obliged to contribute to this cost. Note that you are not entitled to access to your neighbour's property to enable you trim the branches on your side of the boundary without their permission.


Ownership of trees

Sometimes you may be unsure who owns the trees causing you concerns or the trees may be part of a shared boundary and you are unsure who is responsible for their maintenance:



Trees that do not belong to anyone? We have several very large trees surrounding our garden who we have been told do not belong to any one we want them cut down just a small amount who can we get to do this. We have phoned the council but they've not been much help.

Trees that form part of a boundary The boundary line between our house and our neighbour's is clear and undisputed. It presently consists of a wire fence. However, there are some very tall cedar trees planted many years ago on our neighbour's side of the boundary, but close to it. These trees are essentially on our neighbour's land so we do not feel we have a responsibility to maintain them. Our neighbour, however, feels they are our responsibility as they form part of the "hedge" line to the left our property when viewed from the front. Who is right?


A tree belongs to whoever owns the property upon which the tree trunk originally grows, even if the branches or roots have begun to spread onto another property. The owner has a duty to maintain this tree so that it does not cause a hazard. Therefore if branches are broken and hanging precariously, the owner should remove these.

If a tree is planted on the border line between properties, you should check your Property Title Documents to see if these give ownership to one property. If not, you both share the duty to maintain the trees, and these should not be cut down without prior consent from both owners. To check your title deeds visit the land registry website or call them on 0844 892 1111.


  • There is no such thing as 'no man's land'. All land and therefore all trees are owned by somebody.

  • If you can't decide by looking at the original Property Deeds who owns a tree, a court will be able to decide for you. However this is an expensive resolution and so it may be better to simply agree ownership between you and your neighbour.