Can you cut back a Neighbour's overhanging tree?
Daniel Moore
Published Jan 13, 2026
If a tree's branches overhang into your property from a neighbour's, you can trim them, but only up to the property line. You can't lean into the neighbour's garden to do this, though, as it constitutes trespass. If a tree is covered by a Tree Preservation Order, you can't cut the branches.
What are my rights if a Neighbours tree overhangs my garden?
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.
Whose responsibility is it to cut overhanging tree branches?
The responsibility for the tree and any damage it may cause is that of the tree-owner. If his tree damages your property then he is liable. Should the situation become a legal dispute then you may be covered for your legal costs.
Can I ask my Neighbour to cut his trees?
You have a common law right to prune back parts of a tree or hedge growing over the boundary into your property (subject to any legal restrictions being overcome first such as Tree Preservation Orders or conservation areas) but you cannot compel the owner of the trees or hedge to carry out this work or pay for it.
What can you do about Neighbours overhanging trees?
The law states that any branches cut off belong to the person on whose land the tree originally grew, so you should ask your neighbour if they want them back, or if they are happy for you to dispose of them. Do not just throw trimmings back over the boundary - this could constitute 'fly tipping'.
35 related questions foundIs there a legal height for Neighbours trees?
In general, there is no specific limit to the height that a tree is allowed to grow, but if the trees form a vegetative screen that is limiting a neighbours usage/enjoyment then it could be a High Hedge issue which Planning Enforcement would potentially get involved with.
Can my Neighbour cut my tree without asking?
Entering someone's property, without permission, to cut a tree would undoubtedly be illegal. You may need to take matters to court.
Do I have a right to light in my garden?
Do I have a right to light in my garden? The right to light only applies to rooms in your house, not open ground, so you will not ordinarily be able to make a claim for the right to light in your garden.
What to do if a Neighbours tree is affecting you UK?
You can only trim up to the property boundary. If you do more than this, your neighbour could take you to court for damaging their property. If you live in a conservation area, or the trees in the hedge are protected by a 'tree preservation order', you might need your council's permission to trim them.
Can I cut overhanging branches?
Under common law, a person may cut back any branch (or root) from a neighbour's tree that overhangs or encroaches onto their property. In cutting back any overhanging branches (or encroaching roots) the following must be observed: you must not trespass onto the land on which the trees are growing.
Can a Neighbour come into my garden?
Generally, if you go onto your neighbour's land without their permission, you are trespassing. However, if you need to repair your home and to do so need access via your neighbour's land, you may go onto your neighbour's land without getting their permission.
Can I throw neighbors tree branches back in their yard Texas?
It is common for Texas residents to question whether they have a legal right to remove a neighbor's tree limbs that hang over their property. Texas law generally allows you to remove encroaching branches, so long as you do not harm the health of the tree.
Can I throw my Neighbours leaves back UK?
What do I do with the prunings? Once branches are cut off they should be offered back to the tree owner. If the owner doesn't want them then you will be responsible for disposing of the prunings; you can't simply throw them over the boundary into your neighbour's garden!
Who is responsible for cutting overhanging tree branches South Africa?
The general principle governing overhanging branches, is that the owner is entitled to cut down branches which are overhanging over his property after having given the owner of the tree (his neighbour) reasonable notice to attend to the same (although there appears to be some discrepancy in the courts whether such ...
What is the 7 year boundary rule?
Some believe that there is a 7-year limit on adverse possession, meaning that a squatter can take ownership of land after they have been using that land without the owner's permission for a certain amount of time.
What is the law on the height of conifer trees?
The most common question I'm asked is whether there is a law on conifer tree height. While there is no legislation restricting the height of any individual tree, legislation does exist to restrict the height of evergreen hedges.
What happens if a Neighbours tree falls on my house?
If your neighbour's tree falls on your house, your own house and property insurance should cover you, similarly if your tree is blown onto your neighbour's property their home insurance should cover him.
Can you do anything about Neighbours trees?
It's always best to try to reach an amicable resolution by speaking to your neighbour direct about issues such as problematic tree branches. This is because legal disputes can become expensive, cause significant bad feeling and ultimately reduce the value of your property.
What is the 45 degree rule?
The 45-degree rule is a common guideline used by local planning authorities to determine the impact from a housing development proposal on sunlight and daylight to the neighbouring properties. If you're thinking of a home extension or a change to your home, and need some advice, get in touch!
Do Neighbours have a right to a view?
In law there is no right to a “view”. However, a recent case Dennis v Davies shows that if you have the benefit of a restrictive covenant against neighbouring land not to cause “nuisance or annoyance” then the “annoyance” factor can be used to protect a view.
Can you cut someone else's tree?
As long as the tree isn't protected by a preservation order, you are able to cut back any overhanging branches of a neighbour's tree back to the boundary point between the two properties.
What rights do I have if my Neighbours trees are too high?
Trees or hedges overhanging your property
If a neighbour's tree or hedge is growing over into your garden, you cannot make them cut it back. However, you do have the right to remove overgrowing branches yourself, but only back to the common boundary. Any cuttings must be offered back to the tree or hedge owner.
Who pays to remove overhanging branches?
Removing branches overhanging your property. A tree belongs to the person who owns the land on which it grows. However, if you're the owner/occupier of land over which the branches of a tree overhang, you are generally entitled to chop back the branches to the boundary line.
What can I do about my neighbors leaves?
Trim the limbs of the entire tree to reduce the amount of leaves it produces. Focus on any branches that overhang the neighbor's yard. Install a fence if there isn't one. If the leaves are blowing into the neighbor's yard after they've fallen, a fence can help catch many of them before they blow next door.
Can I cut Neighbours overhanging plants?
If you own the tree or hedge
Your neighbour can cut any branches that are overhanging into their garden as long as they only remove the bits on their side of the boundary. If they want you to cut your tree or hedge just because they don't like the way it looks, it's up to you whether you do the work.