Neighbour's Tree Overhanging My Garden: What You Can Cut

You are allowed to cut branches that cross your boundary, back as far as the boundary line and no further. You do not need your neighbour's permission to do it, and you do not need to ask first.

Two things trip people up. The branches and any fruit still belong to your neighbour, so you cannot keep them and you cannot dump them over the fence. And if the tree is protected, cutting it is a criminal offence carrying a serious fine — so the single most important step is checking that first.

At a glance

Right to cut: Yes, back to the boundary only
Permission needed?: No, unless the tree is protected
Who owns the cuttings: Your neighbour
Protected tree: Council permission required first
Fruit on the branches: Still theirs, even over your side

Key Takeaways

You have a common law right of abatement — the right to remove an overhanging nuisance yourself, up to the boundary.
Check for a Tree Preservation Order or a conservation area before touching anything. Working on a protected tree without consent is a criminal offence.
Cut branches and fallen fruit remain your neighbour's property. Offer them back; do not throw them over the fence.
You cannot cut beyond the boundary, even slightly, and you cannot enter their land without permission.
Roots follow the same rule as branches, but cutting them risks destabilising the tree and leaves you liable if it falls.

Check whether the tree is protected first

This is the step that turns a gardening job into a prosecution, so do it before anything else.

Tree Preservation Orders

A Tree Preservation Order (TPO) makes it an offence to cut, top, lop, uproot or wilfully damage a tree without written council consent. Fines for damaging a protected tree can be very substantial, and they apply even if the branch is over your garden.

Your local council keeps the TPO register. Most publish it online; if not, the planning department will check an address for you.

Conservation areas

If you live in a conservation area, trees above a certain size are protected automatically even without a TPO. You must give the council six weeks' written notice before doing the work, which gives them time to impose a TPO if they want to.

Anything else

High hedges, felling licences for larger volumes of timber, and nesting birds are all separate considerations. It is an offence to damage an active nest, which effectively rules out significant cutting during the main nesting season, broadly March to August.

What you are allowed to cut

Assuming the tree is not protected:

You may cut branches that cross the boundary, back to the boundary line.
You may do it without asking, though telling your neighbour first avoids a great deal of ill feeling.
You must stay on your own land. Reaching over is fine; stepping over is trespass.
You must not cut back further than the boundary, even if a neater cut would sit a few inches beyond it.

If cutting to the boundary would kill or destabilise the tree, you can be liable for the damage. With a large or mature tree, get an arboriculturalist's view before starting.

What to do with the cuttings

The branches, the leaves and any fruit growing on them belong to the tree's owner. Legally you should offer them back.

In practice: ask your neighbour whether they want them. If they do not, most people agree you can dispose of them. Get that agreement, even informally by text.

What you must not do is throw them back over the fence. That is fly-tipping onto their land and it turns a resolved issue into a fresh dispute.

What about roots?

Roots are treated the same way as branches: you can cut those that cross into your land.

The risk is much higher, though. Roots do the structural work of holding a tree up, and cutting the wrong ones can make it unstable. If the tree then falls and causes damage, you can be liable. Where roots are threatening drains, paving or foundations, take advice before cutting rather than after.

What if the tree is blocking my light?

There is no general right to light in a garden, and a tree that shades your lawn is not usually something you can act on.

Two narrow exceptions:

High hedges. If a line of two or more mostly evergreen trees or shrubs is over 2 metres and is unreasonably affecting your enjoyment of your home, you can complain to the council under the high hedges rules — but only after you have genuinely tried to settle it yourself, and there is a fee.
Right to light to a window. A building can acquire a right to light through a window after 20 years. This is about buildings, not gardens, and it is a specialist area.

If the tree causes damage

Where a neighbour's tree damages your property — a falling branch, roots lifting a drive, blocked guttering — the owner may be liable if they knew or should have known about the risk and did nothing.

Keep dated photographs, write to them setting out the problem, and tell your buildings insurer early. Insurers deal with this regularly and will often pursue it on your behalf.

Frequently asked questions

Can I cut my neighbour's tree branches that hang over my garden?

Yes. You have a right of abatement allowing you to cut back overhanging branches to the boundary line, without needing permission. You cannot cut beyond the boundary, and you must not enter their land. Check first that the tree is not covered by a Tree Preservation Order or in a conservation area.

Do I have to give the branches back?

Legally yes — the branches and any fruit on them remain your neighbour's property. In practice, ask whether they want them. Most people will tell you to dispose of them. Never throw cuttings back over the fence, as that is dumping on their land.

Can I pick fruit from a branch overhanging my garden?

No. Fruit belongs to the owner of the tree wherever it happens to be growing. If it falls into your garden it is still theirs, though most neighbours will not mind. Ask.

What happens if I cut a protected tree?

Working on a tree covered by a Tree Preservation Order without council consent is a criminal offence and the fines are significant. The same applies to trees in conservation areas without giving six weeks' notice. Always check with the council before cutting.

Can I make my neighbour cut their tree down?

Generally no. You can require them to deal with an actual nuisance, such as damage to your property, but you cannot force removal simply because a tree is large, drops leaves or blocks sunlight. Overhanging branches you can cut yourself, to the boundary.