Legal Guidance: Managing Overhanging Trees and Boundary Rights in the UK

/ by Jon Smith / in Blogs

Legal Guidance: Managing Overhanging Trees and Boundary Rights in the UK

Under UK Common Law, property owners have the right to “abate a nuisance” caused by a neighbor’s tree. However, this right is subject to specific legal restrictions, environmental protections, and civil responsibilities.

1. Rights and Restrictions under Common Law

You are legally entitled to prune overhanging branches or encroaching roots back to your property boundary, provided you adhere to the following:

  • The Boundary Line: You must not prune beyond the exact vertical boundary line of your property. Cutting back further into the neighbor’s side is considered criminal damage.

  • Trespass: You do not have an automatic right to enter the neighbor’s land or lean over the boundary to perform the work. All activity must be conducted from within your own property unless permission is granted.

  • Ownership of Arisings: In legal terms, the timber, fruit, and foliage of a tree belong to the tree owner. You should offer the cuttings back to the neighbor. If they decline them, it is your responsibility to dispose of the waste; you cannot simply throw it back over the fence, as this may be considered fly-tipping.

  • Tree Health & Liability: You have a duty of care to ensure your pruning does not leave the tree in an unsafe or unstable condition. If your actions lead to the death or failure of the tree, you may be held liable for damages in a civil court.

2. Statutory Protections and Wildlife Law

Before commencing any work, you must verify that you are not in breach of national legislation:

Consideration Requirement
TPOs & Conservation Areas You must check with the Local Planning Authority (LPA). If a tree is protected, you cannot prune it—even on your side—without formal council consent.
Wildlife & Countryside Act It is an offense to damage or destroy an active bird nest. In the UK, the nesting season generally runs from March to August.
Duty to Replant If a protected tree is damaged beyond repair by your pruning, the LPA may require a replacement tree to be planted at your expense.

 

3. Conflict Resolution and High Hedges

When informal dialogue fails, there are statutory routes available for specific disputes:

  • The High Hedges Act (Part 8, Anti-Social Behaviour Act 2003): If a line of two or more evergreens or semi-evergreens exceeds 2 metres in height and restricts your “reasonable enjoyment” of your property, you may lodge a formal complaint with the local council (a fee is usually required).

  • Structural Damage: If roots are causing actionable nuisance (e.g., subsidence or damage to walls), the tree owner is typically liable. In these cases, it is advised to involve your building insurers and seek professional legal advice.

  • Mediation: For non-structural disputes, professional mediation is recommended as a cost-effective alternative to litigation.

Recommended Action Plan

  1. Inform the Neighbour: Even if you have the legal right to prune, notifying them in advance maintains neighborly relations and avoids surprise confrontations.

  2. Verify Status: Use the GOV.UK portal to find your local council and check their interactive TPO/Conservation Area maps.

  3. Survey for Wildlife: Conduct a visual inspection for nests or bat roosts before starting.

  4. Consult an Expert: For large limbs or significant root pruning, hire Big Heart Tree Care to ensure the work is done safely and to British Standard BS 3998.