I asked 4 experts if I can cut neighbour's tree hanging over garden - all said same thing

Summer has been in full swing for months with lots of sunshine and heat having brought about a surge in growth in our gardens, roadsides and countryside.

But with this surge of growth comes the occasional problem, particularly when it comes to your garden - and your neighbours'. For example, next door's apple tree or colourful blossoms might look lovely on their side of the fence. But what happens when it starts growing into yours, potentially interfering with garden furniture, parasols or the children's trampoline?

I asked experts in the fields of law and property what could be done if a neighbour's tree over-reached into my garden. And they were all clear on one thing.

Jagdeep Sandher, partner and head of civil litigation at Blythe Liggins Solicitors in Leamington Spa, Warwickshire, said: "If the tree trunk is wholly sat on the neighbour's land and the branches are overhanging on to your land, you only have a right to trim back the branches up to the boundary line, not beyond it. You can't reach into the neighbour's garden and cut them back.

"Legally, the tree is theirs, so you should offer them the branches back - if they don't want them, you're entitled to dispose of them. The best approach is to have a conversation with your neighbour before trimming the tree, to maintain neighbourly relations."

Dave Sayce, co-founder and managing director of Compare My Move, said: "Yes, you can trim a neighbour's tree if leaves, foliage or branches are over your property boundary. You can only cut up to the boundary line, anything further can be classed as trespassing.

"You also can't enter your neighbour's land without permission to trim the tree, and you cannot damage (kill, destabilase) or fell the tree. If you do, your neighbour could be entitled to compensation from you.

"You don't have to discuss with your neighbour, by law, to trim any part of their tree that crosses your boundary line, but we recommend discussing it with them beforehand to avoid any disputes.

"The cuttings from the tree will legally belong to your neighbour, so you should discuss with them whether they want them back, however, they don't have to take them back and the responsibility of disposal will still be on you."

Dean Meadows, principal arboriculturist and tree risk management lead at Arbtech, said: "Under UK law you have the right to cut branches and roots from a neighbour's tree that encroach onto your property, without needing their permission. However, there are some important restrictions and considerations to be aware of.

"Firstly, ensure the tree isn't protected in any way. Trees in the UK may be covered by tree preservation orders (TPOs), located within conservation areas, or subject to the felling licence system, all of which require you to seek permission before carrying out any work.

"If it's not protected, you can prune branches up to the property boundary. Any further than this could be considered damage to your neighbour's property, potentially leading to legal action.

"It's important to remember that cuttings do still remain your neighbour's property and should be offered back - but never just discard them back over the fence. This could be regarded as fly-tipping of garden waste. If your neighbour declines them, responsibility for disposal then becomes yours.

"If you hire a tree surgeon to do the work, you will generally be responsible for the costs involved. In cases where the tree is causing damage due to your neighbour's negligence, you may request they cover the expenses. However, unless agreed otherwise, the cost of any work you commission typically falls on yourself."

What is the law surrounding trees and boundaries?

Jagdeep Sandher said: "It gets more complicated when trees traverse the boundary because at that point it could be a jointly owned asset so if one person wants to remove it and the other doesn't, for example, it can become a much more complex argument.

"It's also worth considering that if you have a boundary dispute with your neighbour, for example over a tree, then that's something you would have to disclose to a potential buyer if you decided to sell the house and move on - so it could have a devaluing effect on your property."

What should you do if a neighbour's tree is damaging your fence?

Jagdeep said: "The first step is to make sure you're absolutely certain that it is your fence and not theirs. The title documents for your home or previous conveyancing documents may tell you if you're unsure.

"When you're certain, I'd always advise speaking to your neighbour in a calm and collected way about it. You've always got to have in the back of your mind that you will continue living next door to this person for potentially many years to come.

"If you speak to them and the conversation isn't positive, you then need to formally set out your position in writing to the neighbour, whether you do that personally or through a solicitor."

When is it my neighbour's responsibility to cut a tree?

Dave Sayce said: "Your neighbour does not have to trim their tree if it crosses your boundary or looks bad. Your neighbour only has a responsibility to trim their tree if it becomes dangerous or is considered a nuisance, legally."

How to avoid and resolve neighbourly disputes

David Joyson, chief customer officer at Homeprotect, a building and contents insurance specialist, said: "It's clear that while many of us get along well with our neighbours, certain habits can still test our patience, whether it's the behaviour of pets or a perceived lack of garden maintenance.

"Issues with neighbours can cause relations to sour and create uncomfortable tension, but they can also escalate. This is why it's important to know how to de-escalate these situations, and if this can't be done, to know your legal position."

David suggests the following steps:

1. Communicate with kindness: A friendly chat can go a long way. Your neighbour may not realise there's an issue or that it's frustrating you unless you raise it with them.

2. Pick your battles: Occasional noise or minor annoyances like a loud BBQ in the garden or a difference of opinion on garden maintenance work are part of community living.

3. Avoid retaliation: Stay calm and polite when approaching neighbours about disruptive living habits and know when to take the high road - you never know when you may need to rely on them in future.

4. Know your position: If problems persist despite raising concerns, keep a diary of what's happening and when. This can be useful if you need to approach your local council to report a nuisance or need legal support.

5. Consider your insurance options: In more serious neighbourly disputes, having legal expenses cover may provide protection should a dispute be escalated to the courts.