Homeowners in the UK have the legal right to cut back overhanging branches from a neighbour's tree, as long as they do not step onto the neighbour's property. This clarification comes from legal experts citing guidance from the Royal Horticultural Society (RHS).
Legal Basis for Cutting Overhanging Branches
According to the RHS, cutting off overhanging branches is permitted "provided it is done without trespassing onto the other person's property." The society further explains that "it is also permissible to climb into the tree to undertake the work, again so long as it does not require going into the neighbour's garden/land."
Legal professionals confirm that such actions are classified as "abating a nuisance," which does not require the neighbour's permission. Only if access to the neighbour's land is needed would permission be required.
Disposal of Trimmings and Fruit Picking Rules
The RHS advises that if the tree owner does not want the prunings, the person cutting them must dispose of them responsibly. "You can't simply throw them over the boundary into your neighbour's garden!" the society warns. Additionally, it is illegal to pick and keep fruit from branches that overhang into your garden, as the fruit remains the property of the tree owner.
Tree Preservation Orders and Conservation Areas
Important exceptions apply if the tree is protected by a Tree Preservation Order (TPO) or located within a Conservation Area. In such cases, prior consent from the local authority is required before any cutting. Without permission, it is an offence to cut down, uproot, or wilfully destroy any trees subject to a TPO, in a Conservation Area, or over 5 cubic metres in volume (whether an individual tree or several smaller trees).
Penalties for Unauthorised Tree Work
Those who damage or carry out work without permission on a tree with a TPO or in a Conservation Area may face fines of up to £20,000. More serious offences may be escalated to the Crown Court, where an unlimited fine can be imposed. In Northern Ireland, fines can also be unlimited depending on the offence.
Fines for breaching felling licences vary by country. In Wales and England, fines are unlimited, with England also potentially imposing a prison sentence. In Scotland, the penalty is up to £5,000 per tree, along with a criminal record for all involved in the felling. Northern Ireland does not specify a maximum amount.
Homeowners are advised to check with their local authority before undertaking any tree work that might affect protected trees, to avoid severe financial penalties or legal action.
