The branches of my neighbours tree extend over my property, what can I do ?
Common law allows you to prune unprotected trees and hedges overhanging your land and the roots growing under your land up to your boundary without the consent of the owner, but you must not trespass on to your neighbour’s land to do this. In addition you must offer to return the wood and any fruit attached or which has fallen on to your land. However you do have a duty of care for the tree and may be liable for damages if any work you do, or ask others to do for you, causes the tree to die or become dangerous. If the tree is protected this common law right is void and consent must be sought from the council’s Tree Section before any work takes place.
