Lawyer explains rights over neighbours’ overhanging plants

It is even better when your neighbours also take care of their gardens by cutting away any overhanging trees or shrubs that start making their way into your garden.

Sometimes your neighbours’ plants can start growing in your garden or even ruin your fence.

A lawyer has revealed exactly what your rights are if your neighbours’ plants start to grow on your property.

You do have the right to cut them down but there are some rules you should follow. (Image: Getty)

What are my rights if my neighbours’ plants are growing on my property?

A property expert from HBC Widdows Mason has shared advice on how to deal with neighbours and their gardens.

You do have the right to cut back any branches that are crossing into your garden but there are a few rules you should keep in mind.

Natalie Welsh, the head of property lawyer at HCB Widdows Mason, has shared advice on how to keep the peace when someone’s shrubs and trees are growing in your garden.

She said: “It can be really frustrating when branches or plants from your neighbour’s garden start to spill over into your space.

“In England and Wales, you’re allowed to cut back any branches that cross onto your property, but only up to the boundary line.

“Just make sure you don’t step onto your neighbour’s land or damage the tree itself.

“It’s always best to have a friendly chat with your neighbour first.

“Let them know what you’re planning, especially if you think you’ll need a tree surgeon.

“If the branches are overhanging onto your side, you’re responsible for the cost of having them removed, not your neighbour.

“Once you’ve cut them back, you’re also responsible for getting rid of the branches properly.

“The cut branches belong to your neighbour, you can offer to return them, but you mustn’t just throw them back over the fence – that’s fly-tipping, which is illegal.”

If your neighbour says they do not want to cut branches, then you have to get rid of them yourself.

This can be done by putting them in your garden waste bin or by taking them down to your nearest recycling centre.

Natalie added: “The obligations for maintenance can change over time and responsibility is often poorly documented.

“If any plans associated with the property show ‘T’ marks on the title documents (your conveyancer can advise you), then this is usually an indication of the boundaries that you are to maintain and repair.

“If there are no such ‘T@’ marks and the title is silent as to boundaries, then it is usually the case that the boundaries are considered party boundaries.

“This means that the responsibility to maintain the boundaries is shared evenly with adjoining properties.”

Natalie mentioned how talking to your neighbour can help you get a clearer understanding of boundaries and avoid any disputes in the future.

If you are still unsure of your rights, it can be good to speak to a legal expert first.

Have you ever had problems with your neighbours’ plants growing in your garden? Let us know in the comments.