Can you cut a neighbour’s tree without permission? Your rights explained

Staff
By Staff

It can be a nuisance when a neighbour’s neglected tree finds its way into your garden, but green-fingered folk have shared their divided opinions on addressing the issue

There’s nothing more frustrating than a neighbour’s neglected tree creeping over to your side of the garden fence, but many green-fingers enthusiasts have been left divided over what action to take next.

Green-thumbed folk can legally trim branches or roots that cross into their garden from a neighbour’s property or public road, explains GOV.UK. However, they can only trim up to the property boundary, or risk being taken to court for causing damage.

While the instructions around pruning overgrown plants appear clear enough, members of the Gardening on a budget Facebook page have voiced their thoughts on the topic. Reaching out to group members for advice, one user questioned: “Would you ask next door’s permission to cut back a bush that’s overgrown into your garden? Or just cut it?”

Responding to the post, another member penned: “Cut it and return what you have cut off to the neighbour’s garden. You are entitled to remove anything which hangs over your side.” The advice received mixed opinions, as another posted: “Do not return cut parts for your neighbour to have to clean up. That will most certainly cause an issue.”

Another agreed: “That’s just petty. There is no need to return the cut off branches to your neighbour.” But according to Citizens Advice, gardeners must receive confirmation from their neighbours before throwing away pruned branches, because legally they own them.

A third voiced: “I would just cut it,” while a fourth added: “Would just cut it but throw it back over, I wouldn’t ask my neighbour.” The Royal Horticultural Society (RHS) explains that branches must never be thrown over the boundary into the neighbour’s garden.

Meanwhile, other members agreed that returning the branches is safe practice, as one shared: “The law in the UK states that the cuttings belong to the neighbour legally, so you can’t just throw them without permission.”

However, some suggested approaching the neighbour directly, with one writing: “I would tell the neighbour that you are going to trim the bits that are overhanging into your garden just to be polite. If you are in the UK you can ask them if they are happy for you to dispose of the cutting or if they would like them back.”

A second echoed: “I would let them know just in case they wanted to do it themselves. Perhaps it needs to be cut in a certain way, that’s where I would start.” Others used the post to share their own experience of nuisance neighbours who had cut back branches that weren’t overhanging.

One wrote: “They threw the cuttings over the fence onto young saplings, most of which they killed. I had planted them and had been watering and tending them for about five years. They did hundreds of dollars worth of damage. I could easily have taken care of anything my neighbour water, but instead he made us enemies forever. Please speak to your neighbour before doing anything.”

Experts agree that discussing overgrown boundaries with neighbours is the best approach, but have urge homeowners to contact their nearest Citizens Advice if a dispute continues. We want to hear your thoughts on the issue, let us know what action you would take in the comments below!

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