A barrister has explained exactly what homeowners can legally do when a neighbour’s tree encroaches on their property
A legal expert has outlined what homeowners are actually permitted to do when a neighbour’s tree overhangs their garden. Barrister Daniel Barnett tackled the issue on his LBC show following a caller’s account of a hazardous branch crashing onto his property.
Anthony from Gravesend contacted LBC’s Legal Hour and informed Daniel Barnett that branches from an adjacent tree had repeatedly fallen into his garden.
Anthony described how one branch which recently fell was “about 24ft long” and “about 9in in diameter”, noting that it landed “right into the middle of the garden”.
He told Daniel: “So, you know, pretty dangerous.”
The caller said he had made numerous attempts to resolve the matter with his neighbour, including offering to share the cost of removing the trees, reports the Liverpool Echo.
“We’ve gone halves a couple of times to take his trees away because he won’t do anything about it,” Anthony explained. “I’ve offered to pay half a couple of times, you know, take the other ones away, but this one is still really bad and he won’t do anything about it.”
Anthony also disclosed that the tree was protected, but said planning permission had already been granted for it to be felled because the council deemed it dangerous.
Yet, despite the approval being in place, the neighbour was still refusing to have it removed.
Daniel informed the caller there was little the law could do to compel action before damage actually occurred.
“You cannot compel your neighbour to cut down that tree,” he explained. “If the tree falls down and damages your house, you can sue them for the damage, but you can’t compel them to cut down the tree.”
The barrister proceeded to clarify what homeowners are legally permitted to do when branches extend over the property boundary.
He said: “What you can do, Anthony – and this is unsatisfactory, but this is what the law says – is that if you imagine a vertical line upwards from the dividing line on your properties, say your garden fence, you’re allowed to cut down any part of the canopy that overhangs that vertical invisible line rising above the property boundary.”
Daniel further explained that residents are within their rights to trim any branches on their side of the boundary, although the cuttings technically remain the property of the tree owner.
“So anything that’s on your side of the property, you can cut down,” he said. “Legally, you’re meant to throw the branches back onto his side or it’s theft of his branches, but you can cut it down.”
Nevertheless, he emphasised that homeowners are forbidden from entering a neighbour’s land to remove the tree themselves, even if they consider it to be a hazard.
He said: “What you’re not allowed to do is go into his garden and cut it down or remove the tree, or indeed compel him to do so, I’m afraid.”
When Anthony questioned whether this was still true “even if it’s dangerous”, Daniel responded: “Correct. The law’s really unsatisfactory here. It lets you sue him after it’s damaged your property. It doesn’t allow you to compel him to cut the tree down.”
