Can you cut your neighbour’s tree?
Walking in the woods can be lovely, but a single tree closer to home might be a different story. It could block light, sit too close to your property or risk damaging your garden fence. Can you trim or cut it down?
Disagreements between neighbours over trees are pretty common. But before you grab your pruning shears or chainsaw, we’ll explain your rights so you can avoid a dispute and keep things within the law.
The root of the problem
As home insurance experts, we often receive queries about the branches of a neighbour’s tree crossing property lines (boundaries).
Overhanging branches can block sunlight from windows or tap a constant beat on roofs, keeping people awake. Leaves clog gutters. Bird droppings, catkins and sticky sap splatter cars in driveways, driving owners mad with extra cleaning.
In the worst cases, fallen trees and branches can cause physical damage, from toppling garden fences and damaging buildings and cars to seriously injuring people.[1]
Can I cut down my neighbour’s tree? Your rights
No, you don’t have the right to chop down your neighbour’s tree. You can only cut down a tree if its trunk is in your own private garden – and even then, you need to do some checks first.
Your first step is to have a quiet chat with your neighbour before you do any work.[2] If they push back, we recommend keeping letters or emails to show you tried to negotiate.
Insurers typically cannot help if a boundary dispute escalates unless you have legal expenses insurance to help cover the costs. These costs can be eye-watering if you get it wrong, so it’s best to try and find an agreement with your neighbour first.
A recent boundary dispute over Leylandii trees between two properties led to three siblings facing a potential £250,000 bill after a judge ruled they trespassed into their neighbour’s garden to cut them down.[3]
Your rights over overhanging branches
Understanding the rules can help avoid disputes.
Here’s what the law says you can and can't do:
| What you can do with trees | What you can’t do with trees |
|
Under common law, you can legally cut branches that hang over your side of the boundary, as long as it won’t harm the tree.[4] |
As it’s your neighbour’s tree, you can’t lean over the boundary line to their side or stand on their land to cut or prune it without their permission. That’s trespassing. |
| Any tree parts you cut off belong to your neighbour, so check whether they’d like them before disposing of them. |
Don’t just throw cuttings over their side of the boundary,[5] or they could take you to court for property[6] damage or fly tipping.[7] |
Check for a Tree Preservation Order (TPO) or conservation area
Before you work on a tree, whether your own or your neighbour’s, ask your local council whether it has a Tree Preservation Order (TPO) or whether you live in a conservation area.
It is illegal to fell, prune or damage a tree with a TPO without the local council’s consent.[8] If you break the law, you could face a fine of up to £20,000 for each tree, plus costs, if the case goes to the Crown Court.
Don’t start work until bird nesting season is over
Under the Wildlife and Countryside Act 1981, it is an offence to damage or destroy bird nests. So, you must avoid cutting trees or branches between March and September.
The RSPB recommends pruning between 1 September and 28 February, but check first that there are no active nests.
Trees blocking light – do you have a right to light?
What if your neighbour’s tree is blocking sunlight from coming through your windows?
According to the Royal Horticultural Society (RHS), there’s no legal right to light when trees block daylight through your windows. That’s because trees grow so slowly that it’s hard to know when the loss of light happened.
With specialist legal advice, you may be able to claim a Right to Light under planning laws. However, you would have to prove that the tree blocks daylight your property has enjoyed for the last 20 years[9]. This is hard to do[10] because it’s often impossible to say exactly when the light blocking started.
High hedges and the Anti-social Behaviour Act 2003
You may have a case for a hedge blocking light if a line of more than two evergreens (or semi-evergreens) over two metres high is involved under the Anti-social Behaviour Act 2003 (Part 8)[11].
If you think a tree is dead, unsafe, or might fall, tell the owner right away. If the tree looks like an immediate threat to safety and the owner refuses to act, you may need to contact your local council for advice.
Whose insurance pays for tree damage?
Whose policy responds
As the tree’s owner, your neighbour must make sure it isn’t dangerous. If a falling tree causes damage and your neighbour knew or should have known it was rotten or unstable but did nothing, they could be responsible for repairs.[12]
If a rotten branch breaks your windows, you should claim through your own insurance, not your neighbour’s. Your insurance company will try to get the costs back from your neighbour if they prove your neighbour was careless.
Likewise, if a tree falls or becomes weakened because you cut its branches, you would be responsible for any accidental damage.[1]
How a claim actually works
When a tree or branch falls and damages a building or its contents, people often turn to their insurance company.
You may be able to claim if:
- A tree falls onto your house and damages it, such as crashing through a conservatory or knocking holes in a chimney.
- A tree falls through the roof and damages your belongings, like ripping the curtains or destroying a sofa.
However, if a tree falls and doesn’t damage anything, the tree itself generally wouldn’t be covered.
Remember, a quick chat can often resolve worries about overhanging branches long before they turn into a legal or insurance issue.
Find out about Rias Home insurance.
Sources
[1] https://www.rhs.org.uk/plants/types/trees/the-law
[2] https://www.trees.org.uk/Help-Advice/Help-for-Tree-Owners/Guide-to-Trees-and-the-Law#lang-en
[3] https://www.independent.co.uk/news/uk/home-news/nazeing-robert-mccarthy-foulla-bowler-b2948138.html
[6] https://www.gov.uk/how-to-resolve-neighbour-disputes/high-hedges-trees-and-boundaries
[7] https://www.problemneighbours.co.uk/rights-trees-and-overhanging-branches.html
[9] https://n-somerset.gov.uk/sites/default/files/2020-01/your%20rights%20and%20responsibilities.pdf
[10] https://www.rhs.org.uk/plants/types/trees/the-law
[11] https://www.rhs.org.uk/plants/types/hedges/nuisance-overgrown
[12] https://www.manderhadley.co.uk/my-neighbours-tree-has-caused-damage-to-my-property-what-do-i-do/