My neighbours trees encroach over 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. Notifying your neighbour of your intentions is always advisable. However, you must not cross the boundary to do so unless your neighbour or the landowner gives you permission. 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 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 the work.
