Who is responsible for trees overhanging my garden?

landowner The tree belongs to the person upon whose land it has originally grown. Even if its branches or, worse still, its roots have begun to grow over or into a neighbour's territory, it belongs to the landowner where the tree was originally planted. 4 days ago

problemneighbours.co.uk - Your Rights on Trees & Overhanging Branches - Problem Neighbours

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Your Rights on Trees & Overhanging Branches

Trees can add a great deal of splendour to a garden. They could be fruit bearing trees, a place in which to retreat to the shade and they can also add a great deal of colour to a garden. However, they can also cause a nuisance to a next door neighbour when they start encroaching onto your side of the fence, with problems ranging from attracting unwanted insects like bees and wasps, blocking out your light and shedding their leaves all over your garden. Therefore, it’s important to know what your rights are and what you can and cannot do.

Establishing Ownership of Trees

The tree belongs to the person upon whose land it has originally grown. Even if its branches or, worse still, its roots have begun to grow over or into a neighbour’s territory, it belongs to the landowner where the tree was originally planted. Even if the tree bears fruit or flowers on branches which overhang into your land, it’s an offence under the Theft Act 1968 to keep them or to take cuttings of flowers, for example. Obviously, many neighbours will not tend to worry about that too much but should a neighbour, for example, see you collecting apples from their tree even though the branches have grown onto your side, they are legally entitled to ask you to return them.

Overhanging Branches

If the branches of a neighbour’s tree start to grow over to your side, you can cut them back to the boundary point between you and your neighbour’s property, as long as the tree is not under a tree preservation order. If it is, you’ll need to seek further clarification. However, the branches and any fruit on them which you may have cut down on your side still belong to the tree owner so they can ask you to return them. It's a bit of an anomaly really, as while you are obliged to offer the branches back, if any leaves from your neighbour’s tree fall into your garden in autumn, you have no right to ask them to come around and sweep them up. On the other hand, should the trees be causing SIGNIFICANT damage to your gutters (not just blocking them) you can ask your neighbour to pay to have them cleared or to pay for the cost of any damage they might have caused. If they refuse to do so, you can legally sue them and force them into paying. If you lop off any branches on your neighbour’s (the tree owner) side of the fence, you are not entitled to Gain Access To Their Property to cut off some more. This is trespassing and you could be prosecuted.

Tree Roots

You are entitled to dig up and remove any roots that have encroached upon your land. Roots can cause a lot of problems and if they’re deep and/or causing subsidence or any other form of damage to your side of the property, you might need to get a tree surgeon or some other kind of structural engineer to deal with the problem. It’s always better to discuss this with your neighbour first but if an expert does have to be called in, it’s the tree owner’s responsibility to foot the bill. They can then choose to pay up front or by claiming it against their own home insurance policy.

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Ma - 28-Nov-22 @ 7:31 AM I have a youngAcer in a potsomeone has cut several branches off including the trunk they have cut at least have of the height off . The tree was my pride and joy and it wasn't encroaching my neighbours property and no higher than the 3ft fence. I am beyond devastated. None - 10-Nov-22 @ 4:23 PM I have a neighbour at the back of me they have conifers they about 30 feet high I ask them to cutthe branches from the Bach as theycoming over we’re myfence is it a wonder the other neighbours don’t complete because they have to use it to go round the back they are not nice people they told me to f .ofI have taking pictures just incase they come down. then they well pay for it.. I can never understand why have those tree when you don’t look after them.and there younger people living in that house I well not cut them down I am a 67 year old and yes I always look after both my genders.

Nickname - 22-Oct-22 @ 3:28 PM We live opposite a wood that has trees that have not been maintained for many years. The land which the trees are growing/standing on is privately owned. There is a main road between our property and the wood land. The trees have been allowed to grow and grow without any maintenance at all. The trees are approx over 70feet tall and should they fall in a high wind will damage our cottage and vehicles on our driveway and may also fall into the path of on coming vehicles on the roadway. Our neighbours have joined with us in sending a joint letter to our neighbour opposite asking if the trees can be maintained to reduce their height which would make them more resilient to strong winds and storms which seem to be on the increase. This would reduce if not prevent any damage from the trees being uprooted or fell by severe weather. We have not heard any thing from our neighbour opposite since we wrote a letter to her earlier in the year. What can we do now?

Mloda - 14-Oct-22 @ 8:00 AM At the back of my garden fencewe have woods. Some of the trees are really overgrown and dry making our place dark and dangerous. Is there anything we can do about it ?

Gwen - 10-Oct-22 @ 10:17 AM I have a neighbour dispute. I have a neighbour that as never maintained is garden since he lived here I have hanging plants and black very branches over my side of the fence I am retired now I do not want to be maintaining is plants also it’s upsetting me as I as I always maintain my garden what should I do Gwendoline’s cooke Jackie - 5-Oct-22 @ 2:42 PM My neighbour keeps collecting the fallen leaves from my tree and dumps them over my fence ,I have offered to clean them up for her but she’s not having it ,she collects them for about a week then empties the bag over my fence ,is there anything I can do about this ,iv asked her on numerous occasions just to put them in the bin ,surely if she takes the time to collect them she can just bin them ?????Also iv had the tree reduced in height and cut over hanging branches . Titchy - 11-Sep-22 @ 2:33 PM I have a neighbour that bought there council house, they have mixed bushes but the problem is one of them is blackberry bushes, now I'm in bad health and unable to upkeep my garden their bramble Bush is starting to grow on my side there's a huge part of the corner of my garden were they've just taken off, but it goes right under my sitting room window, what can I do about it please help. liz - 24-Aug-22 @ 12:03 AM I have a neighbor that planted a row of giant cedar trees 30 years ago on his property one foot on his side of the property line. I moved in 4 years ago and the first thing this neighbor did was ask if we would split the cost of trimming HIS TREES !!!. This SOB ! Inherited the house I bought of the elderly lady who left it to Mr. Cheep ass !

Trees - 6-Aug-22 @ 7:32 AM I have over hanging trees from the railway line at the bottom of my garden. Who should cut the branches that are too long and cutting out the light?

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Debs - 4-Aug-22 @ 2:30 PM My neighbour is replacing the fence between us. He has butchered lots of my bushes and plants and now says it’s my responsibility to get rid of them. Is this correct? I didn’t want them chopping down Debs - 4-Aug-22 @ 2:28 PM My neighbour is replacing the fence between us and has cut down lots a d lots of shrubs on my side. He is now saying that he wants to dump them on my lawn as it’s my responsibility to get rid of them. Is this correct? I didn’t want them cutting down and asked him to try and save as much as possible. Thank you

TJR - 3-Aug-22 @ 11:19 PM My neighbours removal van has damaged my tree and broken the fairy lights within it. The branches are over the neighbours driveway. Are the removal company responsible for the damage?

Bev - 3-Aug-22 @ 3:32 PM My neighbours tree is significantly hanging over my garden blocking light.It has grown higher than my house.Where do I stand having this cut back?Can I ask them to cut it back or have the costs transferred to them?What are my rights? Can they be forced to cut it down?

Kee123 - 10-Jul-22 @ 12:06 PM Hello there, To the rear of mine and my neighbours garden there is a large ever growing sycamore tree. The tree is on the neighbours deeds although not physically in their garden… there garden and my neighbour have sunlight in their gardens and I have none! Every autumn I have to collect and dispose of all the leaves in order to stop my grass from dying annually. The tree has a preservation order on it so I am therefore unable to cut all the over hanging branches and if it far too high over hangs my garage which has an asbestos roof. The tree is now growing towards my house. I have contact the local authorities and they have said the tree does not belong to them. I have read that I have no right to light. What can I do… I need to put new fencing posts up but am worried as needs drilling into the ground and if it causes damage to roots will this be my responsibility therefore landing me a large fine?

LondonRich - 1-Jul-22 @ 10:39 AM What are my rights concerning trees in the street outside my house, presumably they are the responsibility of the council.In prior years they were pollarded every two years like clockwork; however, now it is less frequent so that the leaves overhang the front area of my house (some 6ft) and press up against my bedroom window.

Neville - 9-Jun-22 @ 5:28 PM We have a tall possibly a maple tree which is taller than the house and covering the whole garage and is stopping us from building an extension as the branches will cover the windows. The land is owned by the council and they have told us we can cut the branches back and we have to dispose of the branches. The cost of which is down to us. It’s this legal?

Iris - 31-May-22 @ 4:56 PM I have lived in this house for 56 years and I chose it due to its south facing garden with no surrounding trees but now two large trees have rapidly grown in the neighbours property. The trees, one of which is a massive sycamore, which is wholly unsuitable for a garden, is growing to such an extent that the foliage and branches are encroaching onto my and another neighbours property. Both trees are now significantly taller than my two story property with large branches of the sycamore dangerously hanging over my property. The unwelcome impacts include : due to the sheer scale of the tree it blocks the light from coming into my property which means that even on a summer afternoon I have to keep my lights on, the roots are undermining the integrity of the boundary wall, the patio area and the lawn has been severely affected, the branches are nearly touching the roof of my garden shed, I am unable to use my washing line, the tree has grown to such an extent that I am no longer able to watch sky TV because of the interference to the signal, and finally, in autumn, my garden is covered in sycamore leaves. I have appealed to my neighbours but they have refused to cooperate. Any advice would be greatly appreciated. Lynda - 29-May-22 @ 7:19 PM I have a neighbour who owns the garden along the back of our garden. He has been there about 4 years and we have been here nearly 40 years. The terraced houses are higher than ours so therefore a wall was built to the height of his garden earth and they have a fence separating there garden from ours. The top of the wall being about 3ft high our side. The neighbour is complaining that our plants are overhanging/touching the wall! Can’t imagine how he can see from his side. Plants grow and spreed! We also have a lilac and a Hawthorne that grows above the fence not over as we keep it cut back. We did this to muffle the noise of his radio. How do we stand legally please. Thargy - 16-May-22 @ 3:33 PM I've got branches constantlygrowing over myside of my 6ft fence. To be honestI'm fed-upcutting them but wonderingif I'm allowed toput the cuttingsback over into my neighbours garden

treenut - 10-May-22 @ 11:49 AM I have a tree on my land, I keep it trimmed but I cannot access my neighbours side, they have let it grown over and now they are complaining about it, blocking light and gutters. 2 questions, do I have to do anything about it, and do I have to pay to get the tree on their side trimmed back to a more manageable level or do they pay to cut it back to boundary?

Dav - 2-May-22 @ 3:29 PM I have a nabour who we have asked if he could trim a branch back on a tree that has grown up against the boundary fence and since pushed it over. The last time we asked him he said he would happily cut his tree back and fix the fence once we had moved out our home. We have asked each year with the same answer. How do I go about it as the branch has caused damage to the boundary line and the fencing. I have been tempted to go a ask once more before I cut I back to the boundary myself JB - 23-Apr-22 @ 9:38 AM Dear Sir, Madam. We have a very unpleasant neighbour who moved innext door to us15 months ago. He has now put a row ofabout 8-10 bushy trees right up against our front garden wall which will eventually grow to 3metres or more and bush out over our front window and block out our light. He has also done the same in our back garden. We think he didthis on purpose knowing full well it will cause future problems when we need to trim any overhanging greenery which comes onto our property blocking out our light. We understand in law we can trim these trees if they come onto our property, but we know we will have trouble with this neighbour when the time comes to trim these trees. Any advice will be gratefully received. Tree hugger - 18-Apr-22 @ 4:34 PM I'm a local authority Tennant of 19 years. I have 2 beautiful oaks, which I believe are protected. My neighbours of late have a huge laurel which engulfs half of one of them. They have cut back just recently but not topped and only on their side. It hangs over into my garden blocking light and impeading the growth of my plants and oak. The oak in my opinion has more right to be there, than the laurel that's way to big. They are not nice neighbours, I've had problems with their lack of respect towards an issue with infernal dog barking and chasing my beautiful 4 cats. Police were involved and since been much better. I simply cannot just ask them to kindly cut it back, so looking for the correct way to resolve my issue.

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Miche - 30-Mar-22 @ 3:00 PM Hello my husband and I need advice if we should sue our neighbours. He told the garden labourers to come into our garden through the fence which they were replacing and through our tree and cut our wisteria root. He didn’t ask myself or my husband if this was ok to do. It was trespassing and the wisteria is now dead. My husband is furious and the neighbour has also cut all the tree branches that overhang which is awful cutting trees to make them look bare, it’s all because he doesn’t like anything overhanging or interfering in his space. raymondo42 - 13-Sep-21 @ 4:54 PM Hello, I have a major issue with my next door neighbour. They have a massive horse chessnut tree in the back garden. The tree is so big that is compare to trees found in large parks or biggers. The tree might be 80ft or higher. It covers half of my 120ft garden. It blocks out light and leaves and hundreds or thousands of horse chessnuts drop into my garden each year. I cannot use half of my garden and the neighbour resuses to get it cut. In the 20 years that I have been living here. The neighbour have never got the tree pruned and I shell out money once for a tree surgeon to cut the over hanging branches. This cost me a fortune then. Today the bill will also be very high. Is there anything that can be done legally to get the neighbour to prune the tree and to get the roots looked at, as I am sure that the root are damaging my property and this tree to me is a health hazzard. They also let trees grow onto my mini shed which is now damaged. They also let their son kick his football constantly in to my garden and against my fence. Its ruined now. Why should I foot the bill? Can anyone help please as this is causing my stress. Many thanks for any feedback TMK - 11-Sep-21 @ 1:13 PM I live in a lovely road with horn beams planted along the public highway which obviously belong to the county council. The tree has grown to maturity, leaning towards my bungalow with virtually a third of its size growing over my front boundary which is preventing light into my front bedrooms.It isand its branches are also entwined in electricity and phone wires. I email the council frequently requesting the tree be reduced and reshaped and have no requirement for it to be cut-down as we have birds nesting each year and I have offered to pay for the work myself to keep it trim but I get no response or if they do respond they say that the tree has been inspected and there is no problem.They never answer half of the questions I pose.Do I have the right to cut the tree to a reasonable size taking into account the requirements of BS3998:2010. No Light - 9-Sep-21 @ 11:33 PM Our elderly neighbour has refused to tend to her trees for many years. As a result our house has suffered dry rot, lack of sun light and we cannot hang out the washing. Everything is covered in sap and the lawn is ruined. Although elderly, she has a regular gardener and her lawn is pristine. We asked the gardener to discuss cutting the tree back and she refused. We had to cut back the branches but the fir tree just towers above the house just 12ft from the house. We have raised a complaint with the council as this dispute will need to be declared if the house is sold. It is so unfair. Whilst we appreciate she is elderly, her gardener reported that she was just stubborn and had refused to listen to his advice over many years. Now we look like the bad guys even though we have had to spend money buying tools to cut back her trees!!! SDunk - 27-Aug-21 @ 6:22 PM We have a narrow path from our back gate leading to the garages we and our neighbours have. The path is used by two other neighbours and has a further 4 gardens that just back on to it with fences. Another neighbour whose garden backs on to this has tons of Ivy, bamboo and other plants which have grown over his fence and is now blocking this path. Can I just cut this back myself so we can still use this access.

Mand - 26-Aug-21 @ 4:56 PM We have a beautiful magnolia tree in our front garden, 2 branches overhang next door. The people RENT this property. Do they have the same rights as the person who owns the property to cut them down or are they required to get his permission - afterall, it's not their house. We would like to know if they are permitted to chop them down and can we challenge them if someone does start to?

MissC - 22-Aug-21 @ 11:36 PM I absolutely hate this topic and it continues to cause me distress! My neighbour doesn’t like gardening (yet has a huge garden). He never cuts grass and it’s full of nettles and brambles. I’ve replaced the fence which on deeds is his responsibility however he was happy for it to be down forever following storm. His trees are over hanging my garden and roots ruining the patio. I’ve cut the overhanging I can manage however need a professional to cut the higher and bigger branches. Law states noting I can do for the tree roots which are ruining my patio and garden (they will be in foundations), and I can’t afford to pay £100s to remove over hanging trees. I truly believe those who have the trees should be responsible for upkeep and damage they cause! Title: Miss Ms Mrs Mr Dr Rev'd Prof. Other (never shown) Firstname: (never shown) Surname: (never shown) Email: (never shown) Nickname: (shown) Comment: Validate: Enter word: You may also be interested in our neighbour's trees action guide - written by a barrister

problemneighbours.co.uk - Your Rights on Trees & Overhanging Branches - Problem Neighbours