Legal rights over overhanging branches explained as disputes rise

As summer continues, many homeowners will be spending time in their gardens before autumn arrives. But this period also marks the busiest time for neighbourly disagreements over fences, overhanging branches, trees, and hedges. In many cases, disputes can quickly escalate when people are unsure of their legal standing.

Solicitor Michael Ward, head of dispute resolution at Hibberts, has set out what the law says about overhanging plants and trees. Ward's guidance covers the rights of property owners when a neighbour's tree encroaches onto their land, as well as the steps that can be taken if a tree is causing damage.

The law on overhanging branches

Under UK law, when a tree, bush, or hedge extends over a property boundary, the overhanging section is "technically trespassing." This gives the affected homeowner the legal right to cut back the growth to the boundary line, but not beyond it, Ward explained.

While homeowners do not need permission to trim overhanging branches, there are three essential requirements. Ward advises that only the branches to the boundary line should be trimmed, that homeowners should refrain from entering the neighbour's property, and that the work should be carried out in a reasonable manner.

Ward cautioned that going beyond the boundary or causing damage could result in liability for trespass or property damage. He emphasised the need for care when undertaking any such work.

Tree Preservation Orders and cutting protected trees

A key consideration is whether a tree is protected by a Tree Preservation Order (TPO). Ward noted that if overhanging branches extend onto your land, you will need council approval before cutting them back if the tree is protected.

"Cutting or damaging a protected tree without consent can result in a substantial fine," Ward said. "Check with your local authority before doing anything."

Handling the cuttings

By law, any branches, leaves, or fruit removed from a neighbour's tree still belong to the neighbour. Ward advised returning these items courteously or disposing of them properly. Throwing the cuttings back over the fence could constitute fly-tipping.

Households should also be aware that helping themselves to fruit hanging over the fence, without picking it from their own land, could breach the Theft Act 1968.

If a neighbour's tree causes damage

If a neighbour's tree is causing damage to a property—such as cracking paving stones, damaging a fence, or blocking gutters—homeowners may have grounds to pursue a nuisance claim. Ward's guidance suggests that such claims can be a course of action for affected property owners.

However, before taking any legal action, homeowners are advised to attempt to resolve the matter informally. Ward recommends photographing any damage, keeping written records, and considering mediation, which is often looked upon favourably by the courts.

Legal action should be a last resort, but property rights matter, especially if the damage is ongoing or costly, according to Ward.