Only action you can take if neighbour’s tree or hedge is overgrowing on your property

Every now and then your neighbour’s garden may impact your property, as trees and hedges can overgrow. However, little you may know, there’s action you can take to solve the issue

Every now and then, gardens can become a little bit unruly, with trees and hedges growing out of control, but you don’t always have to tolerate other people’s trees or hedges overgrowing in your garden. In fact, there’s certain gardening action you can take to help remedy the issue, according to expert advice.

The topic previously came up on Reddit when one person asked what they can do about a neighbour’s trees, and the question got a lot of people talking. However, there are some property rules you need to follow when it comes to tackling the issue, so you need to be clued up on the law before you take action.

It’s not the first time advice on the topic has been shared either. Previously, four experts revealed tips on how to deal with a neighbour’s overhanging tree.

A social media user asked: “Can I cut my neighbours trees/plants that overhang into my garden? I just bought a house with a beautiful garden in the UK.

“It gets great sunlight; however, some of it is shaded because of my neighbours at the back. The ends of our gardens meet. They have huge trees and plants that are so overgrown and overhang into my garden and prevent even more sunlight.

“I’ve spoken to them about cutting it themselves, but they’ve ignored me. So my question, can I cut the parts of their trees/plants that overhang into my garden?

“Can I cut and just chuck the cut bits back into their garden? I was just wondering if this encroaches on property tampering or something of the like.”

The question got a lot of people talking, and they offered all sorts of suggestions. They had a lot of thoughts to share.

One said: “Yes you can cut them back to your boundary, as long as you don’t damage the plants. You have to offer to return anything you cut but, if they don’t want it, you need to dispose of them. You can’t throw them over the fence as it would be fly-tipping.”

Another added: “As others have said, you can cut anything which overhangs or comes onto your property. But note that you cannot kill any tree/plant which belongs to your neighbours.

“Example, if a trunk curved into your garden, you shouldn’t cut into that, as it could risk the whole tree.”

A third also replied: “You can cut overhanging branches etc. I’d offer back the clippings (as you must), but throwing them over the fence may create hostility.”

What are the rules?

While many people are right, you can actually cut back overhanging branches, there are rules you must follow to ensure you’re not causing any severe damage or breaking the law. However, it’s advised you speak with your neighbour before doing so to see if you can come to an agreement before taking action.

Regarding trimming hedges and trees, the UK government website states: “You can trim branches or roots that cross into your property from a neighbour’s property or a public road. You can only trim up to the property boundary.

“If you do more than this, your neighbour could take you to court for damaging their property. If you live in a conservation area, or the trees in the hedge are protected by a ‘tree preservation order’ (TPO), you might need your council’s permission to trim them.”

There are also a few other things you need to know. You shouldn’t step into or lean over onto your neighbour’s property to carry out the work without permission.

As well as this, the branches, leaves and fruit you cut off legally still belong to your neighbour. Therefore, you should offer to give them back to your neighbour first. If they don’t wish to keep them, you will be responsible for disposing of them.

You should also always check with your local council’s planning department before starting. If the tree is protected by a TPO, or is located in a conservation area, cutting it without prior written consent can be illegal and can carry hefty fines.

If you’re concerned about anything else, contact your council for further advice. They will be able to help assist you further, and more advice is available on the government website too.