Your rights to cut neighbour's tree when it overhangs your garden - and hidden risk

Your rights to cut neighbour's tree when it overhangs your garden - and hidden risk There are strict rules around cutting back a neighbour's branches even if they do encroach on your garden but failure to do so could be costly It can be frustrating when a neighbour's tree branches overhang your garden. Whether it is blocking light or dropping leaves and other debris on your land it can be a nuisance and often leave questions over who is responsible for what. Now homeowners are being encouraged to prune neighbours’ overhanging trees, if they encroach on their gardens as failure to deal with the problem could leave them counting the cost. An insurance expert has warned people might end up having to claim on their own policy if a tree causes damage and has explained the rules for trimming overhanging branches from neighbouring gardens. Ian Wilson, Managing Director and home insurance expert at Tiger.co.uk explained that a tree or its branches can generally be cut back if it extends beyond the property, usually to the boundary line, as long as you don't have to trespass on the neighbouring property. But there are strict rules to follow to ensure you don't end up on the wrong side of the law. And he warned homeowners they should take action where appropriate to help reduce the risk to their property, adding that any damage caused by a neighbour’s tree would typically need to be claimed through their own home insurance. Before getting the secateurs out, it’s important to understand the rules around cutting a neighbour’s overhanging vegetation to help avoid disputes or potential fines. Checking whether a tree is subject to a Tree Preservation Order (TPO) is essential, as pruning a protected tree without permission can lead to serious legal consequences and fines of up to £20,000. Homeowners should also avoid pruning if birds are nesting, as it is illegal to disturb or harm nesting birds under the Wildlife and Countryside Act 1981. Any branches or cuttings from a neighbour's tree should be offered back to them after pruning, as they are still considered their property. Ian said: “It may feel a little tense discussing boundary lines with neighbours, but it's important to always approach any concerns respectfully to help resolve issues without disputes. If a neighbouring tree is overhanging onto your property, you do have the right to prune it, and it's often recommended to do so, particularly if there is a risk to your home. "If damage does occur, you will generally need to claim through your own home insurance policy, meaning you'll be responsible for paying the excess. Before carrying out any pruning, it's always courteous to let your neighbours know. "Any cutting should only be done up to your boundary line, and you must follow standard pruning practices, such as ensuring you're not disturbing wildlife or damaging protected trees. Home insurance is key, it can help provide financial protection if unexpected damage does occur, giving you greater peace of mind should issues arise with neighbouring trees or plants and even offer support for legal costs should matters with neighbours lead to a dispute - however legal cover is not always included as standard so it's important to check the policy details." Rules when pruning overhanging plants Don’t trespass to cut When cutting back branches from a neighbour’s tree that overhangs your property, you’re entitled to trim them only up to the boundary line. It’s important that you don’t cross the boundary or enter your neighbour’s land without permission. Check that there isn’t a TPO Before cutting any branches back, it’s important to find out whether or not a tree is protected, as this could end in a serious legal issue with fines of up to £20,000.* You can find out if a tree is protected by checking with your local council. Ensure no nesting birds Under the Wildlife and Countryside Act 1981,** it is an offence to damage a bird’s nest while it is in use or being built, or to cause harm to wild birds. Those found guilty may face an unlimited fine, a custodial sentence, or both. Return clippings Any branches, fruit or other cuttings removed from a neighbour’s plants remain their property. If you cut back overhanging vegetation, you should offer the cuttings back to your neighbour. If they don’t want them, you can then dispose of them. No excessive trimming You must take care not to damage a tree when cutting back overhanging branches. If excessive or improper pruning causes the tree to decline or die, you could be held liable for any resulting damage and may be required to compensate the tree owner.