I hate my neighbour's overhanging trees: what can I do about it?

 I often get queries like this: there are many myths and myth-understandings about our rights, their rights, and the law, when it comes to neighbouring trees being a "nuisance" to us. So here is a quick FAQ with the answers to what I might call the Usual Questions.

DISCLAIMER: this is not a legal site! Do your own research! If you have any doubts, then consult your local Council: ask for the Parks department, or the Planning Department.

Before we start, this assumes that the tree in question does NOT have a Tree Preservation Order (TPO) on it, and that you do NOT live in a Conservation Area.  If it has, or you do, then you need to apply for Planning Permission before doing anything to any tree which has a trunk of more than 75mm (about 3") diameter, at about breast height. Yes, anything more than a sapling requires a Planning Application before you can prune it, shape it, neaten it, or reduce it. And you most certainly cannot fell it! 

You should already know if you live in a Conservation Area, but how do you find out if a tree has a TPO on it?

Answer: go to the internet, and find the map for your county: it's a gov.uk site, and should be something like “maps.[your county].gov.uk.  If in doubt, type “conservation areas [your county]” into a search engine. 

Look around the map, find your house, and look to see if it is within a Conservation Area - it will be shaded, if so - and whether it is or not, look to see if there are any TPOs to be seen.

Here's an example, taken at random:

 

 

 

 

 

 

 

 

 

The pink-shaded area is a Conservation Area: this is Oxfordshire, other counties use different colours. ("Why? Why?")  The green blobs are trees covered by TPOs, and as you can see, they can be inside the Conservation Area, or outside it, or just on the border! They can be individual trees, they can be blocks of woodland, they can be strips of trees, like hedgerows with mature trees in them.

I have helpfully ringed them in black, but you may need to look closely at the map to spot them.

So, having established whether or not you are in a Conservation Area, and whether or not there is a TPO on the tree in question, here are some answers to some common questions:

Can I cut off overhanging branches? 

Yes, provided it is done without trespassing onto the other person’s property. It is also permissible to climb into the tree to undertake the work, again so long as it does not require going into the neighbour’s garden/land. Note that trees covered by a Tree Preservation Order (TPO) or in a Conservation Area will require prior consent from the local authority. 

Do I have to get permission from my neighbour or give them notice to cut off the overhanging branches? 

No. Your actions are classed as ‘abating a nuisance’ which does not require permission. Only in situations where you need access to their land to undertake the work would permission be required. Similarly prior consent from the local authority is required for trees with a TPO or in a Conservation Area. BUT it is always, ALWAYS, a good idea to engage the neighbour in dialogue before doing anything drastic. Yes, I know that people will say "it's easier to ask for forgiveness, that to be bothered to discuss it and get permission beforehand" and yes, I know that many people will be thinking "If I ask them, they might say no, so I'll just do it, then they won't be able to stop me" but this is short-sighted, and foolish: just take a moment to think of all the hundreds of ways that a neighbour could make your life a misery, if you angered them....

What do I do with the prunings?  

Once branches are cut off they should be offered back to the tree owner. If the owner doesn’t want them then you will be responsible for disposing of the prunings; you can’t simply throw them over the boundary into your neighbour’s garden!

Can I cut back further than the boundary to prevent regrowth causing a problem?

No.

What if my neighbour complains about how the tree looks after I have cut off the branches to the boundary? 

They do not have any legal recourse but in the interests of good neighbourly relations you might consider options for compromise, such as sharing the cost of a tree surgeon to create a balanced canopy.

Am I liable if I cause damage to a neighbour’s tree as a result?

Yes. In law you would be considered negligent. Sometimes branch removal can lead to tree failure due to disease, a change in the balance of the tree, or different wind loading that causes the tree to blow over. For these reasons it is important to employ a competent tree surgeon or arboriculturist who could minimise risk and would take on the liability for the work (check they have public liability insurance prior to engagement of services).

Fruit

Can I pick and keep the fruit from overhanging branches?

No, not without permission from the owner. I know, weird, huh? We all think that we are allowed to pick it, if it's over our garden, but technically, legally, no we are not!

Can I collect windfalls from a neighbour’s tree that overhangs my garden?

No, not without their permission. Windfall fruit still belongs to the owner. Which is even more weird: I mean, how would they stop you?

Fruit fallen from fruiting trees in a public space, or on common land, is in most cases OK to forage. If in doubt, check to see who owns the land and seek permission first.

What about liability for poisonous fruit, seeds or leaves?

The tree (or hedge) owner will be liable for damage caused by fruit, seeds or foliage but only if it overhangs the boundary.

Leaves

Can I tell my neighbour to come over and sweep up the leaves from their overhanging tree?

No. *laughs hysterically at the mere thought*  Mind you, I say that, but I do actually know of an incident where a neighbour complains, every year, about fallen leaves, and has asked the tree owner to clear them up. "No chance!" is the answer to this one, "You should not have bought a house with big trees all around it, if you did not want to deal with leaves on your astroturf..."

The owner of a tree is not obliged to clear up fallen leaves. The exception is if damage occurs as a result (e.g. blocked drains) in which case it is advisable to notify the tree owner in a letter.

Roots

Can I cut off roots growing into my property?

Yes. You have the same rights (and liabilities) as for cutting off branches. And prior consent from the local authority is required if the tree has a TPO or is within a Conservation Area.

What if the tree falls over after I cut the roots?

As well as rights, you have the same liabilities as for cutting off branches. So for example, if by reason of cutting through your neighbour's tree roots, the tree is weakened and falls over, you would be liable for any damage it causes. Thus it is important to exercise reasonable care before cutting any tree roots and seek professional advice for anything but the most minor work.

In fact, I would go so far as to say that "it is important to exercise reasonable care before cutting any tree roots and seek professional advice for anything but the most minor work" is just about of equal importance to "always TALK to your neighbours, before things reach the point where you are angry about it."

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