Can I cut my neighbour's trees? What you need to know about the rules and regulations

There’s nothing more frustrating than when one of your neighbour’s trees is hanging into your garden. From overhanging branches encroaching on your private space to large trees which could be blocking the natural light from getting into your garden, it might have left you wondering, can I cut my neighbour’s trees?

Although fast-growing privacy trees can turn your garden into your very own private oasis in a matter of months, when the trees aren’t cared for or pruned regularly, they can get out of hand and cause issues for you and your neighbours. Because the rules differ slightly to if you can cut your neighbour's hedge, we spoke to the experts to find out exactly what you need to know about if you can cut your neighbour's tree.

First and foremost, it’s important to work out exactly where the tree is growing. If it’s clearly in your neighbour’s garden, this makes it their tree but ‘trees that grow on the border of two properties are considered jointly owned,’ explains Jane Dobbs, Team Gardening Lead at Allan’s Gardeners. In this case, ‘it should be a mutual decision between the two property owners to cut, prune, or remove these trees.’

But whose responsibility is it? Well, even though it can seem like a complicated endeavour, there are some handy guidelines to follow.

Can you cut a neighbour's tree without permission?

‘All homeowners have the legal right to trim branches from a neighbour's trees that extend onto their property, based on the 'Common Law Right to Light' doctrine,’ says Lewis Jaundrell, Mortgage and Property Specialist at Landlord Vision.

What this essentially means is that you can trim these tree branches back as long as you don't trespass onto your neighbour's property to do so. However, it’s not as simple as taking these cuttings and disposing of them.

‘If you don't have permission, don't take windfall fruit or fruit hanging from overhanging branches,’ Jane warns. Plus, once you cut any branches back, you should ‘ask your neighbour to take the cut branches and to discard them how they feel fit, as legally they still belong to them,’ Mark Lane, Accessible Gardening Expert at Stannah, adds. ‘But by keeping an open, friendly discussion with your neighbour you should avoid any difficulties.’

You also shouldn’t just throw the cut branches over the fence or into your neighbour’s property, as it ‘would be classed as garden waste fly tipping,’ Mark says. ‘Furthermore, the owner of the tree can legally ask you to return the item to them, even if it has fallen to the ground.’

Is there a height limit for neighbour's trees?

‘While there are no specific height limitations for a neighbour's tree, you will generally have reasonable cause for legal recourse if it prevents sunlight from reaching your property,’ according to Lewis.

If you're worried about a specific tree that is blocking natural light, it might be time to talk to your neighbour. Hopefully you’ll be on good or friendly terms with them and you should be able to describe the impact that their tree or trees are having on your garden and property.

‘If they are comfortable with the idea, invite them to your property and let them see for themselves the problem that the hedge is causing,’ MyJobQuote.co.uk’s Property Expert, Thomas Goodman, suggests. It could be that they’re unaware of the issue and would be more than happy to cut it shorter. You can also ask how they plan to maintain it to keep both sides happy, while you’re at it.

For certain trees which might be particularly big or possibly dangerous if an especially strong storm blew through, it might be worth consulting an arborist. ‘They can assess the health and safety of your trees and provide you with a report,’ to help both of you come to an agreement, Jane adds.

What can I do if a neighbour's tree is blocking my light?

The same 'Common Law Right to Light' doctrine, which Lewis mentioned, is also often referred to as the ‘Rights of Light Act 1959.’ And this legislation gives each landowner the right to natural light in their garden.

So, ‘if a property has received daylight for the last 20 years (the minimum prescribed period), you are entitled to continue receiving it,’ Jane explains. This means that if your neighbour has planted a particularly lofty or large tree or the foliage grows to a point where it starts blocking your light, you can petition against it.

It is worth noting that even though this statutory right does apply in England, Wales and Northern Ireland, Scotland does not ascribe to such a law, so you will need to contact your local council for advice if you live north of the border.

FAQs

Who pays if a neighbour's tree damages my property?

‘It's usually the tree owner's responsibility to fix any damage their tree causes,’ Jane admits. ‘Your neighbour might be liable for repair costs if their tree falls and damages your property.’

‘On the flip side of the coin, if you have trees in your garden and a broken or diseased branch falls onto your neighbour’s greenhouse or garden furniture then you might be faced with a large bill to rectify the damage,’ Mark counters. Everyone essentially has a legal obligation to ensure that their trees are not dangerous.

And most of the time ‘liability depends on whether the tree owner was negligent,’ Jane suggests. ‘When a tree is diseased, dead, or poorly maintained, and the neighbour doesn't take care of it, they're more likely to be liable for damage.’

Mark adds, ‘and don’t think that because you rent you are not obligated to maintain the trees in your garden. You should always check with the landowner and get, in writing, who is responsible for what outdoors.’

In addition to this, ‘if you have cause to believe that the tree is a danger to your property you should bring it to your neighbour’s attention. Trees which have roots that may be causing damage to your property or foundations should be investigated by a qualified arborist and a structural engineer,’ Thomas concludes.

What trees can be cut down without permission in the UK?

Certain trees are protected by what are known as Tree Preservation Orders (TPOs), which are in place to maintain their environmental, historical and aesthetic value. And cutting one of these trees down could result in a hefty fine, with the Garden Experts at Yell estimating that ‘unauthorised work on a protected tree can lead to fines of up to £20,000. And in severe cases, unlimited fines can be granted.’

So, you should really be doing your research and taking several things into consideration before you pick up a pair of pruning shears or a hedge trimmer.