Can I cut my neighbour's overhanging branches?

Yes, usually. Under common law in England you can cut back branches and roots from a neighbour's tree where they cross onto your property, as long as you only cut up to the boundary line and do not damage the rest of the tree. You do not need your neighbour's permission, but you do need the council's if the tree has a Tree Preservation Order (TPO) or stands in a conservation area. Talking to your neighbour first avoids most of the problems.

This guide is general information, not legal advice.

What the common-law right allows

Government guidance puts it simply: you can trim branches or roots that cross into your property from a neighbour's property or a public road, but only up to the property boundary. If you do more than that, your neighbour could take you to court for damaging their property (GOV.UK: resolving neighbour disputes).

In practice that means:

• Cut from your side. You have no right to go onto your neighbour's land, or lean ladders or equipment on their property, without their agreement.
• Stop at the boundary. Cutting beyond it, or reaching over to cut the neighbour's side, is outside the right.
• Do not kill or destabilise the tree. Removing a large part of the crown, or cutting major roots close to the trunk, can kill a tree or make it unsafe. If that happens you could be liable for the loss, even though each cut was on your side.
• You do not have to cut. It is a right, not a duty. Your neighbour is generally not obliged to cut back branches just because they overhang, unless they are causing damage or danger.

What to do with the cuttings

The branches, and any fruit on them, still belong to the tree's owner. The RHS advises offering them back (RHS: trees and the law). Do not throw them over the fence without agreement. Many neighbours will happily let you dispose of them, but ask first. For larger amounts, green waste removal is an option.

Protected trees still need consent

The common-law right does not override a TPO or conservation area. Birmingham City Council's guidance says you need consent to work on a protected tree, including branches that encroach over your boundary that you could otherwise remove under your common-law rights (Birmingham: how to apply for tree works consent).

Anyone can apply for consent, not just the tree's owner. Lichfield District Council says so explicitly, giving the example of pruning an overhanging branch from a neighbour's tree (Lichfield: works to a protected tree). Check first using how to check if a tree has a TPO. If the tree is in a conservation area, read trees in conservation areas for the six-week notice.

Wildlife law also applies. Under the Wildlife and Countryside Act 1981 it is an offence to intentionally damage or destroy a wild bird's nest while it is in use or being built, whoever owns the tree. Check the branches before cutting in spring and summer.

Roots

The same right to cut back to the boundary applies to roots. Be more careful here:

• Roots near the surface often include structural roots that hold the tree up. Cutting them can make the tree unstable or kill it.
• Cutting the roots of a protected tree can count as wilful damage, so consent is needed.
• If roots are damaging drains, a wall or foundations, your neighbour may be responsible for the damage. That is a question for your home insurer or a solicitor, often with an arboricultural report, rather than something to fix with a spade.

High hedges

If the problem is a tall evergreen hedge blocking light rather than a single overhanging tree, there is a separate route. Part 8 of the Anti-social Behaviour Act 2003 lets you complain to the council about a "high hedge": a line of two or more mostly evergreen or semi-evergreen trees or shrubs, over 2 metres tall, that acts as a barrier to light or access (section 66). Leylandii is the usual example.

Before complaining you must have tried to settle it with your neighbour; the council can reject the complaint otherwise. Most councils charge a fee. Birmingham City Council's fee is £350, which you pay only once the council confirms the complaint is valid (Birmingham: how to make a formal high hedges complaint).

If the council upholds the complaint it can issue a remedial notice requiring the hedge to be cut. It cannot order the hedge removed or cut below 2 metres, and the law does not cover roots. Failing to comply with a remedial notice is an offence with a fine of up to £1,000 (GOV.UK: high hedges, complaining to the council). For more on problem hedges, see Leylandii hedge removal.

Talk to your neighbour first

Most disputes start because work was done without warning. Before you cut:

1. Tell them what you plan to do and when. A short note works if talking is difficult.
2. Suggest sharing the job. Often the neighbour will agree to a proper reduction of the whole tree, which looks better and is kinder to the tree than a flat cut at the fence line.
3. Agree access and the cuttings in advance.
4. Keep it in writing if relations are strained.

If you cannot agree, GOV.UK suggests mediation before anything formal.

Getting it done properly

A tree surgeon can cut back to the boundary cleanly, check for nests and protection, and advise if the cut would harm the tree. Where both neighbours agree, crown reduction is usually the better job. For hedges, see hedge reduction or hedge trimming. Typical prices are in the crown reduction cost guide. We connect you with one local specialist for your area.