“Sun’s Out, Legal Issues About! Can I cut my neighbour’s overhanging branches without their permission?”

With summer in the air, we are all spending more time in our gardens and maybe even looking around and seeing what jobs need to be done. A common query is under what circumstances are you allowed to chop branches down which originate from a tree on your neighbour’s property, but overhang the boundary line.

In any case consent should always be sought from the owner before any work is done to trees or bushes. Obtaining agreement is always preferential and can save a whole load of bad feeling further down the line. If for whatever reason obtaining consent it impractical, or unlikely to be given, then you do not need permission from your neighbour to cut overhanging branches, and neither do you need to give notice. This is because overhanging branches are classed as a nuisance in law (see recently, Perrin& Anor v Northampton Borough Council & Ors [2006], where it was ruled that “the owner of the land who has suffered the encroachment has aright to remove the overhanging boughs“, and also Delaware Mansions Limited & Others v Lord Mayor & Citizens of The City of Westminster[2001]). However, if you need to enter onto your neighbour’s land to under take any work, you will need to obtain permission otherwise you will be trespassing. Make sure not to cut back any further than the boundary line and offer any cuttings back to the tree-owner (Mills v Brooker [1919]). If they do not want them then you are responsible for disposal; you cannot just throw them over the fence into your neighbour’s garden as appears to be a common misconception!

Be sure to check that the tree is not subject to a Tree Preservation Order (TPO) or part of a Conservation Area as you will need permission from the local authority to undertake any work. A breach of a TPO is a criminal offence.

If, as a result of any work you do, the treefalls due to imbalance or develops disease (which can happen if large branches are removed) then you can be held liable for this. As such, if the work required is extensive, be sure to consult with an expert beforehand. Also be mindful of wildlife - the Wildlife and Countryside Act 1981 applies making it an offence to damage or destroy bat and bird nests at certain times of year. Again, consulting an expert is advisable.

It is worth noting that fruit from overhanging branches does not belong to you, even if it falls into your garden! Strictly it should be offered back.

The same rules apply to roots as apply to overhanging branches – including the risk of liability if something goes wrong.

In summary, yes you are entitled to cut branches overhanging your boundary without your neighbour’s permission. However, in order to avoid conflict, it is always worth trying to maintain neighbourly relations by obtaining permission first, and offer any cuttings back before you dispose of them.

Charlotte has a busy civil practice, with specialist areas that include residential and commercial property matters. Charlotte is regularly instructed in boundary disputes as well as in matters involving allegations of trespass and harassment.