Can you prune excess branches from a neighbor's tree? Legally-binding guidelines and statutes explained by authorities.

Tackling neighboring trees that cast a frustrating shadow over your garden can be a common issue. But many of us are still unclear if we have the right to clip encroaching branches from a neighbor's tree or if we need their permission.

From garden trends to invasive plants, overhanging tree branches can become irritating, especially if they are hazardous to our four-legged friends. To shed light on this tricky problem, we've consulted legal experts and gardening pros to help you navigate the rules and provide you with the best strategies to deal with the problematic branches.

Can you cut back overhanging branches from your neighbor's tree?

If a neighboring tree is encroaching on your garden, trimming the intrusive branches might seem like the solution. But can you legally do so?

"If your neighbor's tree extends past the boundary line into your garden, you have the right to cut back the overhanging branches. However, you must not go onto their property to perform this task, even if it appears to be the quickest solution," stresses Robert Dellow, partner at law firm Atkins Dellow LLP.

"It's always advisable to mention your intentions to your neighbor first to preserve a friendly relationship and eliminate misunderstandings," Robert adds.

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With three decades of experience in law, Rob has helped numerous clients with various legal matters, including commercial property deals, business advice, and personal legal issues.

"Before you start trimming, ensure that the tree isn't protected by any regulations such as a Tree Preservation Order (TPO), a Conservation Area, or the Felling Licence system. Any work on such trees requires permission," warns Dean Meadows, Principal Arboriculturist and Tree Risk Management Lead at Arbtech.

"If it's not subject to any restrictions, you can prune branches up to the property boundary," Dean confirms. "Going beyond this limit could be considered as damage to your neighbor's property, potentially leading to legal action."

So there you have it, you can cut back the overhanging branches on your neighbor's tree up to the edge of your property. "This is known as the right to abate a nuisance," says Graham Smith MCIHort, horticultural expert from LBS Horticulture. "However, you must not trespass onto your neighbor's property to cut the branches without their permission."

Can your neighbor toss the cut branches back?

Determining whether your neighbor can return the cut branches to you is a complex issue. The tree belongs to your neighbor, but if you decide to trim the branches, what happens to the leftover pieces?

"Legally, the cuttings still belong to your neighbor, so you should offer them back, not dispose of them slyly," advises Robert. "Be cautious about flinging the trimmings back over the fence, as it might cause more problems than it solves and could be considered fly-tipping of garden waste."

"It's best to offer the cut branches to your neighbor, who may decide to keep them or discard them. If they choose to dispose of them, it becomes your responsibility to do so," advises Graham.

Who covers the expenses for trimming the overhanging trees?

If you're considering hiring a professional to trim the overhanging tree, you might expect your neighbor to pay, given that it's their property. However, this is not the case.

"You'll be responsible for any expenses related to the work, even though the tree belongs to your neighbor," states Robert. "If you're hiring a tree surgeon, the cost falls on you unless your neighbor agrees to cover the cost or takes responsibility for it in writing."

Tips from a Professional Gardener on Pruning Overhanging Branches

I recently had a friend encounter trouble trimming the branches of a neighbor's tree, so I advise exercising caution when dealing with such situations. To ensure a smooth process, follow these expert tips from professional gardener Orpheus Alexander:

Timing: Prune trees in late autumn or winter when they are dormant. Cutting in the growing season can invite pests or disease.
Three-Cut Method: Use this method to cut a branch safely and correctly:
Make a small cut on the underside of the branch, 20–30cm from where you want the final cut, only cutting up about one-third of the branch.
Make a second cut from the top, a few inches lower down the branch, slicing through here.
If possible, make a clean third cut just outside the branch collar, which is the natural swollen join between trunk and branch. This helps the tree seal itself off effectively, reducing the risk of rot or disease.
Call a Professional: If the branch is large, high up, or hanging over something like a shed or neighbor's fence, avoid attempting to trim it yourself. Hire a professional with the right equipment to do the job safely.

Orpheus, a gardener, designer, and plant enthusiast, is passionate about working with nature to create welcoming and personal outdoor spaces. Check out his social media accounts for more gardening tips and inspiration.

Recommended Tools for Pruning

Telescopic Loppers: Ideal for reaching far branches, with an RRP of £36.
Professional Secateurs: Made from premium titanium steel, these secateurs can slice through branches up to 3/4-inch thick, with an RRP of £12.95.

With this newly gained knowledge, you can now confidently deal with overhanging branches on your neighbor's tree while adhering to the proper garden etiquette. Building a positive relationship with your neighbor beforehand ensures a smooth process and ensures no hard feelings from the get-go. If your neighbor accepts the branches after you've pruned them, remember to verify the guidelines on garden waste burning before getting rid of them.

If a tree from your neighbor's property encroaches into your garden, you have the right to trim the overhanging branches, but you must not step onto their property to do so.
Before pruning any branches, make sure the tree is not protected by any regulations such as a Tree Preservation Order (TPO), a Conservation Area, or the Felling Licence system, as any work on such trees requires permission.
Legally, the cuttings from your neighbor's tree still belong to them, so offering them back is advisable instead of disposing of them slyly.
When it comes to the costs of trimming overhanging tree branches, you will be responsible for any expenses related to the work, even if the tree belongs to your neighbor.