My neighbours trees encroach over my boundary, can I cut them back?
Civil law allows you to remove any overhanging branches that overhang your property back to the actual boundary line, i.e. projected up into the airspace over the line. This can technically be done without informing or gaining permission from the neighbour, but it is always much better to at least inform them. However, you must not cross the boundary 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 because it is located within a Conservation Area, the Common Law right is removed and you will need to seek formal permission from the Council before undertaking work to living parts of
Your Common Law rights allow you to remove branches that cross over your boundary without the need to seek your neighbour’s permission. Notifying your neighbour of your intentions is always advisable. However, you must not cross the boundary to do so, e.g.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 do not want it, it will be your responsibility to dispose of it. If a tree is protected by a Tree Preservation Order, or because it is located within a Conservation Area, the Common Law right is removed and you will need to seek formal permission from the Council before undertaking work to living parts of the tree.
