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Neighbour tree disputes: your rights and options

Most tree disagreements can be settled with a conversation and a tree surgeon. This guide sets out who owns what, what you may cut yourself, and when to involve the council.

Tree branches growing through and over a wooden fence
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Start with who owns the tree

According to Citizens Advice, if the trunk or main stem is on your land, you own the tree. If it stands on the boundary, the title documents from the Land Registry may say who is responsible. Talk to your neighbour face to face if you can, note what you agree and keep copies of letters. Sharing the cost of work is often cheaper than a solicitor.

Overhanging branches

Under the common law you are generally allowed to cut back branches that overhang your side of the boundary, but only up to the boundary line. You cannot go onto your neighbour's land to do it without their permission. Legally the cuttings still belong to the tree's owner, so offer them back, and don't throw them over the fence. Cut carefully: removing more than the overhang, or leaving the tree damaged or unstable, can leave you liable.

The exceptions are important. If the tree has a Tree Preservation Order or stands in a conservation area, you need council consent or must give notice first, even for branches over your side. Cutting without it can be a criminal offence. See our TPO and conservation area guide and the government's TPO guidance. Nesting birds are also protected, so check before cutting between March and August and at other times of year. A tree surgeon can do the work properly from your side. See tree pruning.

Roots

You may cut roots that cross into your land, but Citizens Advice says you must try to limit the damage to the tree, which can be hard to do. Cutting large roots can destabilise or kill a tree and, if it is protected, can be an offence. If roots are lifting paving or are near foundations, get advice from a tree surgeon or arboriculturist before cutting. If a tree surgeon has to enter your neighbour's land, you must tell the neighbour in advance.

Light and views

There is no general legal right to a view, and a garden has no right to sunlight. A right to light is an easement attached to the windows of a building, typically acquired after 20 years of uninterrupted enjoyment, and it is mainly used in disputes over new buildings. It is rarely a practical route against a neighbour's tree, so take legal advice before relying on it. If a neighbour's tree is blocking your light, speak to them first. For tall evergreen hedges there is a specific route, below. For anything more, take advice from a solicitor because this area is technical.

High hedges

Part 8 of the Anti-social Behaviour Act 2003 lets you ask your council to rule on a high hedge: a barrier to light or access formed wholly or mainly by a line of two or more evergreen or semi-evergreen trees or shrubs, more than 2 metres tall, that is adversely affecting the reasonable enjoyment of your home or garden. You must try to settle the matter with your neighbour first. Councils usually charge a fee, and the council can order the hedge to be reduced but not removed or cut below 2 metres. The rules don't cover complaints about roots. See the government's high hedges guidance and our hedge trimming and reduction page.

Dangerous trees and council-owned trees

If you think a neighbour's tree could fall, Citizens Advice says you can report it to the council, which may ask the owner to make it safe. Tree owners are responsible for keeping their trees reasonably safe. For a tree you think is on council land, don't cut it yourself. Report it to the council, which manages its trees through its own department. In an emergency, see emergency tree surgeons.

Before you do anything

Write down what the problem is and when it started, take dated photographs, and check whether the tree is protected by looking at the council's online TPO map or phoning the tree officer. Check the boundary and the ownership documents. Decide what outcome you want: a trim, a reduction, root work, or removal. Telling your neighbour your plan before you cut, and offering to share the cost, usually avoids bad feeling. If you hire a tree surgeon, tell them about any dispute, protection or boundary question before they start.

Mediation and insurance

If talking fails, a mediator can help. Citizens Advice suggests asking your council whether it can point you to one. Mediation is voluntary and may cost money. If a tree is damaging your property, tell your buildings insurer early and keep photographs, as some policies have requirements about reporting and about who deals with the owner. A solicitor is the last step.

Questions

Can I cut my neighbour's overhanging branches?

Usually yes, back to the boundary line, unless the tree is protected by a TPO or in a conservation area. You can't enter their land without permission, and the cuttings belong to them, so offer them back.

Can I make my neighbour cut down a tree?

Not just because you dislike it. If it is dangerous you can report it to the council. If the problem is a tall evergreen hedge, you can complain to the council under the high hedges rules after trying to settle it.

Is there a right to light from a neighbour's tree?

There is no general right to light for a garden or to a view. A legal right to light attaches to building windows and rarely helps against trees, so for evergreen hedges use the high hedges process.

Who pays if my neighbour's tree damages my property?

It depends on the facts, including whether the owner knew about the risk. Tell your insurer, keep photographs and write to the owner. A solicitor can advise on a claim.

How to choose a tree surgeon

  • Insurance: ask to see a public liability certificate (the Arboricultural Association recommends at least £5m), and employers' liability, which is a legal requirement if they have staff.
  • Qualifications: chainsaw and climbing work should be done by people holding NPTC (City & Guilds) or Lantra certificates. Arboricultural Association Approved Contractor status is a stronger check.
  • A written quote: it should say exactly what will be cut, whether the stump is ground out, and whether waste and logs are taken away.
  • Standards: ask whether the work will follow BS 3998, the British Standard for tree work.
  • Protected trees: a good firm will check for a TPO or conservation area and can make the application. See our TPO guide.

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