Can I cut trees overhanging my garden?
Trees and hedging are responsible for a huge number of neighbourly disputes in the UK. Every year, tree surgery businesses receive numerous enquiries from customers seeking clarity over the law relating to overhanging trees and whether it is or isn’t legal to cut down trees encroaching on to their land.
There is a common law right which allows a homeowner or any expert they employ such as a tree surgeon or gardener to prune hedging, trees or shrubs which line/overhang their boundary for the purpose of keeping their own land in order. However, restrictions apply and there are a number of responsibilities that must be accepted by individuals carrying out the pruning.
Whether you decide to tackle the pruning yourself or hire a tree surgeon to perform the job, any cuttings collected during the job such as fruit or firewood must be offered to the tree owner initially. If this is declined, then it is the responsibility of the person carrying out the pruning to dispose of the garden waste in the correct manner.
The common law right to prune an overhanging tree is only applicable if the work is carried out on the side of the fence in which the tree overhands. The law of trespass continues to apply in this situation and while you are not obliged to seek the tree owner’s permission for pruning work to take place, you must always remain within your boundary. Unless specific permission is given by the landowner to prune a wider area of the tree, then cutting may only take place on the neighbour’s land.
It is always sensible to hire a professional tree surgeon to carry out any work from height or in any situation in which injury or damage could occur to people or property. Tackling pruning work to a tree which overhangs your property could be dangerous and if anything was to go wrong, the liabilities lie with the person who carried out the cutting. Tree surgeons are not only highly trained to carry out such work safely they are also adequately insured against injury/damage caused as a result of their work. Homeowners who tackle the job themselves leave themselves at risk of future negligence claims if their inadequate work permanently damages the tree, making it dangerous.
Homeowners who wish to prune a tree overhanging their boundary should always check with their local authority whether the tree carries a Tree Preservation Order or falls within a Conservation Area before beginning any work. Trees with TPOs require special permission before any pruning can take place and this is provided by the local authority.
If the tree overhanging your property is owned by your local council then you are entitled to make a request that the overhanging branches are pruned back. A tree officer will respond to your request and will notify you of any planned work.