Can I Prune My Neighbour’s Tree If It Overhangs My Property?

If you have a tree from a neighbouring property overhanging your land, you may be wondering what your rights are when it comes to pruning it. Tree-related disputes are common, and understanding the legal and practical aspects can help you avoid conflicts while ensuring your property is properly maintained. In this blog post, we’ll cover ownership rights, consent, and planning applications related to pruning your neighbour’s tree.

Understanding Ownership and Your Rights

In the UK, trees are owned by the person on whose land they are rooted. However, if a tree’s branches overhang your property, you have a legal right to trim them back to the boundary line. This is known as the ‘right to abate a nuisance.’ While this means you can cut overhanging branches, you must not trespass onto your neighbour’s land or damage the tree in a way that could make it unsafe.

Seeking Consent from Your Neighbour

Even though you have the legal right to prune overhanging branches, it is always best to discuss the issue with your neighbour before taking any action. Open communication can prevent disputes and maintain good relations. In some cases, your neighbour may prefer to handle the pruning themselves or may have specific concerns about the tree’s health.

What to Do with the Cuttings?

Any branches, leaves, or fruit you remove technically belong to the tree owner. This means you should offer the cuttings back to your neighbour, although they are not obligated to accept them. You must not dispose of them on their land without permission, as this could be considered fly-tipping.

Planning Applications and Tree Preservation Orders (TPOs)

Before pruning a tree, you should check whether it is protected by a Tree Preservation Order (TPO) or if it is located in a Conservation Area. If a tree is covered by a TPO, you must obtain permission from the local council before carrying out any pruning, even if the branches extend onto your land. The same applies if you live in a Conservation Area, where trees are generally protected by law.

Failing to get the necessary permissions can lead to fines and legal issues. If you are unsure about a tree’s protection status, you can check with your local planning authority.

What If the Tree is Causing Damage?

If a tree from a neighbouring property is causing damage to your home, driveway, or other structures, you should first inform your neighbour and try to reach an agreement. If they refuse to take action and the damage persists, you may need to seek legal advice or involve your local council.

Summary

While you do have the right to prune branches that overhang your property, it is always best to approach the situation with care. Consulting your neighbour, checking for legal protections, and ensuring responsible disposal of cuttings can help avoid unnecessary disputes. If you are unsure about the best way to proceed, consider seeking professional advice from a qualified arborist or legal expert.

By understanding your rights and responsibilities, you can ensure that any tree pruning is done legally, safely, and in a way that maintains good relationships with your neighbours.