If your neighbour’s plants have grown into your garden and are causing an eyesore, blocking the light or dropping leaves in your space, you’ll probably want to know if you can cut them back.
However, before you get out the secateurs, make sure you understand the rules around cutting your neighbour’s plants to ensure you aren’t breaking the law in the garden
‘It can be really frustrating when plants from your neighbour’s garden start to spill over into your space. In England and Wales, you’re allowed to cut back any plants that cross onto your property, but only up to the boundary line,’ says Natalie Welsh, Head of Property at HCB Widdows Mason.
Latest Videos FromIdeal Home
1. Always speak to your neighbour first
‘You can trim the overhanging branches or parts of a hedge that are encroaching into your garden and can do this without notice to your neighbour,’ says Janet Lane, Property Litigation Solicitor at Rogers and Norton.
However, this doesn’t mean you shouldn’t ask them first – asking first is just neighbourly behaviour – and acting without your neighbour’s knowledge could lead to a garden neighbour dispute.
‘For best practice, take some photographs of the overhanging tree/bushes and knock on your neighbour’s door. Show them the photos and ask whether they have any objections to you trimming up your side,’ says Jordan Kluth, property law expert at John Fowlers. ‘Falling out with neighbours and getting into disputes will not only make living at the property uncomfortable, but it can become very expensive if it needs to involve legal proceedings.’
2. Do not go over your boundary
While you can cut your neighbour’s plants if they grow into your garden, you must not trespass on their property, as this is illegal.
‘You must not trespass onto the neighbour’s property to carry out the work or do anything that could be considered a nuisance in the legal sense. This principle also applies if you are trimming a ‘party hedge’ where both neighbours have rights and responsibilities regarding its maintenance,’ says Janet Lane, Property Litigation Solicitor at Rogers and Norton,
Natalie Welsh, Head of Property at HCB Widdows Mason, seconds this, adding that ‘boundary disputes can often become costly and acrimonious – if you’re not sure about your rights or think things might get tricky, it’s a good idea to speak to a legal expert first.’
In short, remember it’s an offence to prune your neighbour’s tree on their side of the fence.
3. Do not damage the plant
Trimming the plant is fine; damaging it is not – so make sure you know how to cut back the plant in question.
‘You must not damage the main trunk or structure, and you should check first that the tree or hedge isn’t protected by a Tree Preservation Order or in a conservation area,’ explains Julian Palphramand, head of plants at British Garden Centres.
When cutting a neighbour’s plant – or any plant – it is important to disinfect your secateurs to prevent infection from being introduced to the plant via the blades. This is easy to do; just wipe the blades with an antibacterial spray or wipes – like these disinfecting wipes from Amazon. If your blades are blunt, make sure you sharpen your secateurs.
If you don’t have secateurs, invest in the best secateurs you can afford – Spear & Jackson’s 7159BS Razorsharp Advantage Bypass Secateurs, available on Amazon, are some of our favourites.
4. Correctly dispose of cutting
Not that you do not own the cuttings. ‘The cuttings, and any fruit or flowers on them, still belong to your neighbour, so you need to offer them back,’ explains Julian Palphramand, Head of Plants at British Garden Centres.
Something that is seconded by Natalie Welsh, Head of Property at HCB Widdows Mason, who adds: ‘You mustn’t just throw them back over the fence – that’s fly-tipping, which is illegal. If your neighbour doesn’t want the trimmings, then it’s down to you to dispose of them responsibly, whether that’s your garden waste bin or taking them to the recycling centre.’
This applies whether you are pruning a rose or fruit tree or trimming a hedge.
Keep on the right side of your neighbour and make sure you follow this guidance to avoid any complaints or disputes.
Read the full article here