Overhanging branches

If a tree (or other vegetation) is overhanging your property boundary and encroaches on a building, the tree owner has a duty to remove it. 

This is a civil matter so we do not enter in to negotiations on your behalf.

You might need to submit a conservation area notice or tree preservation order (TPO) application, however, reasonable works will not be prevented.

If the vegetation simply encroaches upon the airspace of your garden, you may prune back to the boundary at your own expense, but no further without the express permission of the tree owner. You or your contractor cannot enter the neighbouring land (to climb the tree, for example) without the landowner’s agreement. 

Any timber you cut off belongs to the tree owner and should first be offered back to them. They should indicate where they would like you to put it - it would not be reasonable to carry out the work and simply return the timber over the boundary. 

If the timber is unwanted, you or your contractor should arrange to dispose of it.

Find out more information on the maintenance of trees and hedgerows.

If you would like any help or further advice, contact us.