My neighbours trees encroach across my boundary, can I cut them back?
Your Common Law rights allow you to remove branches that cross over your boundary without the need to seek your neighbour’s permission. However, it is always advisable to notifying your neighbour of your intentions before cutting any branches. When pruning back trees from neighbouring land you must not cross the boundary or enter the land to do so. For example, leaning a ladder over the boundary to rest against the trunk of the tree could be classed as trespass. You should not dispose of the branches or any other waste material from the tree over your fence into your neighbour’s garden, but first ask your neighbour if they wish to have the material returned to them. If they don’t want it, it will be your responsibility to dispose of it. If a tree is protected by a Tree Preservation Order, or located within a Conservation Area, you will need to seek formal permission from the Council before undertaking work to living parts of the tree.
