Overhanging branches from a neighbour’s tree can be a real nuisance, and many people are unsure about what rights they have. Can you prune your neighbour’s trees, though?
It all depends on the permission you have, whether or not the tree is protected, and your garden’s boundaries. The rules are similar to those around whether or not you can cut a neighbour’s tree roots – but if you want to avoid breaking the law, you’ll need to carefully follow a few steps.
Here’s everything you need to know about cutting back a neighbour’s trees.
1. Make sure the tree isn’t protected
Above all else, you’ll need to make sure your neighbour’s tree isn’t protected. If it is, you’ll need to speak to your local council as a first port of call.
‘Before doing anything, check whether the tree is protected by a tree preservation order or sits in a conservation area,’ says Sarah Dodd, founder of Tree Law. ‘If it is protected, you may need council consent even to prune overhanging branches.’
If the tree isn’t protected, but it is damaging your fence or crossing into your garden, you can take more immediate action. You’ll need consent first, though…
2. Check the time of year
It’s also wise to make sure you aren’t cutting your neighbour’s fence back at the wrong time of year. You should never prune trees during nesting season, because it carries a huge risk – not just to wildlife, but criminally, too.
‘Under the Wildlife and Countryside Act 1981, it is an offence to intentionally damage or destroy the nest of any wild bird while it is in use or being built,’ says Andrew Boast, director of SAM Conveyancing. ‘Pruning during nesting season (typically March to August) puts the person pruning at risk of criminal prosecution, regardless of boundary rights.’
That’s why it’s important that you know when to trim hedges, too. Whether or not you can cut your neighbour’s hedge depends on a few other factors, too.
3. Make sure the tree isn’t protected
Once you’re sure the tree isn’t protected or within a conservation area, and it isn’t actively holding nests, the next best step is to speak directly to your neighbour.
‘The starting point is always consent,’ says Sarah from Tree Law. ‘If your neighbour agrees, you can do the work they consent to and no more.’
So, what if your neighbour says no? According to Sarah, your rights are limited without consent – but you can prune branches that are within your garden’s boundaries.
‘You can only cut branches or roots that cross the boundary onto your land,’ Sarah explains. ‘This comes from a common law right to abate a nuisance, but that right has limits. The work must be reasonable, and you should not cut back so far that it damages the health or stability of the tree.’
So, any pruning should be carried out carefully, and only if it won’t harm the tree. If you’re unsure, it’s best to call in a professional, who will know how to prune the tree as safely as possible.
Always stop at the boundary line. You’ll need to make sure any work is carried out within the bounds of your own garden, too, because you can’t enter your neighbour’s garden without permission.
4. Offer any tree material back to your neighbour
Once you’ve cut back your neighbour’s tree, you’ll need to offer the cuttings back to your neighbour before you dispose of them – and never put them over the fence.
‘Because any branches or roots you remove still belong to your neighbour, it’s respectful to offer them back or ask how they’d like them disposed of,’ says Andrew. ‘Simply throwing cuttings over the fence can cause disputes and may be treated as garden waste dumping.’
The rules around whether or not you can keep your neighbour’s fruit tree windfall are similar (even if it falls into your garden!).
Tree pruning kit
If it’s safe to do so, and you prune within the boundaries of your garden, you’ll need a few tree pruning tools.
Gardena Energycut Tree Lopper
An sturdy pair of loppers for pruning thicker branches.
Nickypicky Gardening Gloves for Men and Women
A tough pair of gardening gloves to protect your hands.
Spear & Jackson Razorsharp Telescopic Pruner
This handy tool is a 2-in-1 pruning saw and lopper.
FAQs
Can my neighbour cut my tree without asking?
It depends on where the branches were. If they cut material that crossed the boundary line into their property, they’re within their right to do so (as long as they offer the branches back to you) – but beyond that, things are more nuanced.
‘If they go beyond that and prune parts of the tree that are on your land, or do the work without consent in a way that damages the tree, this may amount to trespass or criminal damage,’ explains Sarah Dodd from Tree Law. ‘Police involvement is uncommon unless the damage is serious, but it is possible in extreme cases.
‘You may also have a civil claim for damages for loss or harm caused by unauthorised work. If the tree is protected, unauthorised pruning can also lead to enforcement action by the council. In practice, document what has been done, take clear photos, and ask for an explanation first. Many neighbour disputes escalate simply because no one talks early enough.’
What should I do if my neighbour’s trees are too tall?
If you’re wondering what to do if your neighbour’s tree is blocking sunlight from your garden, it’s a little more complicated – especially if the tree doesn’t cross into your garden’s boundaries.
‘A tree being too tall is not usually a legal problem,’ explains Sarah from Tree Law. ‘There is a specific process for high hedges under the Antisocial Behaviour Act, but this generally applies to evergreen hedges forming a row of two or more, not single trees.
‘If the tree is deciduous and simply tall, there is often very little you can do unless it is causing damage or is likely to cause damage. Even then, carrying out work usually requires the owner’s cooperation.’
So, you can prune your neighbour’s tree if it isn’t protected, we aren’t in nesting season, and you only cut it back to your garden’s boundary line.
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