What is the Law on Cutting a Tree Which Overhangs Your Land

Trees can provide myriad benefits to both rural and urban environments. From offering shade and beauty to enhancing biodiversity and contributing to the ecosystem, trees are invaluable. However, when a tree from a neighbouring property overhangs your land, it can lead to disputes and concerns regarding rights and responsibilities. Understanding the law surrounding this issue in England and Wales is essential for property owners.

The Right to Cut Overhanging Branches

In England and Wales, property owners have the legal right to cut back branches from a tree that overhangs their land. This right is founded on common law principles of property rights. Specifically, if a neighbour’s tree encroaches upon your premises, you may trim the branches back to the boundary line, thereby restoring your enjoyment of your property.

Key Points to Consider

1. Ownership of the Tree: It is vital to acknowledge that while you can deal with the branches encroaching on your property, the tree itself remains the property of your neighbour. You cannot harm or cut down the tree entirely without permission, as it belongs to the individual who owns the land on which it is located.

2. Trimming At Your Own Risk: When you decide to cut overhanging branches, it is crucial to consider the safety and legality of your actions. If the branch falls on your property during trimming, you could be liable for damage or injury caused during the process. Therefore, if you choose to undertake this task, ensure that you are doing so safely, preferably with the assistance of a professional tree surgeon.

3. Limitation on Damage: While trimming is permissible, it must be done judiciously. You cannot aggressively prune or damage the tree beyond what is necessary to clear the overhang. Your actions should not adversely affect the health of the tree or compromise its structural integrity.

4. Notification to the Neighbour: Although it is not a legal requirement to inform your neighbour before trimming their tree’s branches, it is often advisable to do so. Commencing any work without communication can lead to disputes and affect neighbourly relations. A simple conversation can help avoid misunderstandings and set a good precedent for future interactions.

The Neighbouring Act 1992

The Neighbouring Act 1992 addresses various matters relating to disputes between neighbours, including issues concerning trees and their roots. Under this act, if a tree’s roots have spread onto your property and caused damage, you may have grounds to seek recourse. However, the Act does not create an absolute right to cut down or fully remove a tree simply because it is a nuisance.

High Hedges Act 2003

While the High Hedges Act specifically pertains to hedges that block light and overshadow property, it does highlight the importance of balancing neighbourly relations and property rights. Under this law, if a tree or hedge grows too tall and obstructs light, residents can make a complaint to their local council. However, its application concerning trees is more limited than with hedges. If tree branches overhang your property without causing substantial nuisance, it may be challenging to pursue a formal complaint under this Act.

When to Seek Legal Advice or Mediation

If trimming overhanging branches leads to conflict or if a tree originating from your neighbour’s property poses significant problems, it may be beneficial to seek legal advice. A solicitor can help you understand the specifics of property law and your options for resolution. Furthermore, mediation can serve as an effective method of resolving disputes without resorting to litigation. A neutral mediator can facilitate dialogue between you and your neighbour, promoting a mutually agreeable solution.

The Risks of Incorrectly Handling the Situation

It is essential to approach tree trimming and neighbour disputes with caution. If you cut back branches and your neighbour perceives it as damaging or harming their property, this could escalate into a legal dispute. Avoid engaging in any behaviour that might be seen as reckless or intentional damage. Always strive to maintain open communication, as good relations can go a long way in resolving disputes amicably.

Conclusion

While property owners in England and Wales have the right to cut overhanging branches, they must do so with care and respect for their neighbour’s property. Understanding the legal framework can help protect your interests while maintaining positive relationships in your community. By communicating openly and seeking professional guidance when necessary, you can navigate issues around overhanging trees effectively. Ultimately, responsible tree management not only respects legal boundaries but also contributes to fostering a harmonious neighbourhood environment.

At Alexander JLO we have decades of experience of dealing with all aspects of law and will be happy to discuss your case in a free no obligation consultation. Why not call us on +44 (0)20 7537 7000, email us at info@london-law.co.uk or get in touch via the contact us button and see what we can do for you?

This blog was prepared by Alexander JLO’s senior partner, Peter Johnson on 2025 and is correct at the time of publication. With decades of experience in almost all areas of law Peter is happy to assist with any legal issue that you have. He is widely regarded as one of London’s leading lawyers. His profile on the independent Review Solicitor website can be found Here