Neighbour’s Trees: Your Rights, Responsibilities, and the Law
Few things cause as many neighbour disputes as trees. Whether it’s branches hanging over your fence, roots lifting up your driveway, or concerns about safety—knowing the rules can save arguments (and potential legal trouble!). So, can you cut down your neighbour’s tree?
In this post, we’ll cover the most common questions people ask us about neighbouring trees and explain the do’s and don’ts.
Our Most Commonly Asked Question, Can I Cut Down My Neighbour’s Tree?
❌ Put simply, no—you cannot cut down your neighbour’s tree.
The tree belongs to whoever’s land it’s growing on. Cutting it down, or even reducing its height, without permission is classed as trespassing and could land you in legal trouble.
✅ What you can do:
- The first thing you should always try to do is to speak to your neighbour and find a solution that works for you both, but we know that’s not always possible.
- If you’re unable to speak to them, you are allowed to cut back branches or roots that cross onto your property—but only back to the boundary line.
- You must not go further, or damage the tree.
Do I Have to Return the Cuttings?
Yes. The branches, leaves, or fruit you cut legally belong to your neighbour. You should offer them back. If they don’t want them, you need to dispose of them properly (don’t just drop them over the fence!).
Can I Force My Neighbour to Cut Their Tree?
In most cases, no—you can’t force your neighbour to prune or remove a healthy tree just because you don’t like it.
However, you can sometimes take action if:
- The tree is causing damage (e.g. roots affecting drains or foundations).
- The tree is dangerous and poses a risk.
- The tree is blocking a right to light (though this is rare and usually needs legal advice).
What About Overhanging Branches?
You can trim branches that cross into your property, but:
- Only cut back as far as the boundary.
- Check if the tree is protected by a Tree Preservation Order (TPO) or in a Conservation Area—you’ll need council permission first.
Not sure how to check for a TPO? Read our blog here for guidance!
Who Owns the Fruit on Overhanging Branches?
Even if fruit hangs into your garden, it still belongs to the tree owner. Picking it without permission counts as theft!
If My Neighbour’s Tree Falls and Causes Damage, Who Pays?
- If the tree was healthy and fell due to a storm, your own home insurance should usually covers the damage.
- If the tree was unsafe and your neighbour ignored warnings, they may be liable.
If you want more information on how much a tree surgeon costs, check out our blog here!
Do I Have to Let My Neighbour Onto My Land to Deal With Their Tree?
Generally, no—your neighbour doesn’t have a right to enter your property without permission, even to maintain their tree. But it’s often best to agree access if it avoids bigger problems later.
Quick Do’s and Don’ts with Neighbour’s Trees
✅ Do check if a tree is protected (TPO/conservation area) before cutting anything.
✅ Do talk to your neighbour before carrying out work—it keeps relations friendly.
✅ Do keep any branches/fruit you cut separate and offer them back.
❌ Don’t cut down your neighbour’s tree without permission.
❌ Don’t cross the boundary line to prune—this counts as trespassing.
❌ Don’t ignore dangerous trees—report them if they pose a risk.
Final Thoughts
Tree disputes with neighbours can get messy quickly. The key is to know your rights, stick to the law, and communicate clearly.
Always try to resolve the issue by speaking to your neighbour but if in doubt, check with your local council or seek advice from a tree professional before you act.
If you’re not sure what your job might cost, and want a free, no-obligation quote contact us today!