Overhanging Trees and Neighbours: What You Can Do

How far can you cut back overhanging branches?

You can normally prune overhanging branches back to the boundary and no further, which is sometimes called abating a nuisance. It doesn't let you cut beyond the boundary, go into your neighbour's garden without permission or fell the tree.

Do you need to tell your neighbour first?

You generally don't need their permission to remove a branch on your side, provided no other restriction applies, but it's still a good idea to speak to them. Explain the problem and show them which branches are involved, because they may prefer to arrange a balanced prune across the whole canopy, which is often better for the tree.

Access is a separate matter. If a tree surgeon needs to go into the neighbouring garden, the owner must agree to that first.

Who keeps the branches once they are cut?

The cut branches still belong to the tree's owner, who is normally the person on whose land the trunk grows. Offer the prunings back politely instead of dropping them over the fence, and if your neighbour doesn't want them, you'll need to dispose of them lawfully yourself. The RHS guide to trees and the law explains these rights, which is handy if the two of you disagree about what can be removed.

Roots growing under the fence

Encroaching roots can sometimes be cut back to the boundary, but this carries more risk than trimming a branch. Removing large roots can harm the tree's health or its stability. Don't dig out big roots or expose the base of a neighbour's tree until you understand what could follow.

Roots near foundations, drains or paving can point to a bigger problem that cutting alone won't solve. Where you suspect structural damage, take advice from a suitable surveyor and a tree specialist before anything is done.

Does a TPO change your rights?

Yes, because the general right to trim overhanging branches doesn't override a Tree Preservation Order (TPO) or conservation area controls. The owner and the person proposing the work should find out which consent or notice applies before any cuts are made.

Start with the Leeds City Council tree guidance, then read our guide to tree permission in Leeds for the difference between consent and notice. Active bird nests and bat roosts are also protected, and that can restrict pruning at any time of year.

Can you make a neighbour cut a tree that blocks your light?

Usually not, because shade, falling leaves or blossom don't automatically make the owner legally responsible for removing a tree. Leeds City Council says it doesn't normally step into disputes about shade, fallen fruit, honeydew or similar issues with private trees.

You can still ask your neighbour about sensible pruning, perhaps with advice from a tree surgeon in Leeds, although they may be entitled to keep the tree as it is. Height alone doesn't make a tree unsafe, and losing some light doesn't give you a right to demand its removal.

A tall evergreen hedge is treated differently from one ordinary tree. Disputes of that kind fall under separate rules, which are set out in the government's guidance on complaining to the council about high hedges.

When an overhanging tree looks dangerous

Keep out from under the tree if it looks unsafe, and never try to bring hanging branches down yourself. A new crack, a partly detached limb or fresh movement at the roots all call for professional advice, with everyone kept at a safe distance.

If there's danger to life, call 999. If electricity cables are involved, stay clear and call 105 to reach the electricity network. For a less pressing worry, explain the issue to the owner and suggest a proper assessment of the tree, as plenty of leaning or hollow trees turn out to be sound. Our guide on how to spot a dangerous tree explains which changes deserve quick attention.

Settling a tree dispute with a neighbour

Most disputes are best handled in small, calm steps. Take photographs from your own property, explain what's being affected and suggest a limited solution. Keep a note of what was said too, as it'll help if the conversation has to be picked up later.

If you agree to shared work, write down who is booking the contractor, what will be cut and how the cost will be split. Should talks break down, Citizens Advice recommends mediation before you consider legal action, and its guidance for England also covers ownership and overhanging branches.

Asking a tree surgeon to look at the problem

Professional help makes sense for large limbs, branches above buildings, hard-to-reach trees, suspected decay or any work that could affect stability. It also helps when the best pruning point lies beyond your boundary and you need a plan the owner can agree to. Our tree pruning and crown reduction page explains the kinds of work involved.

To get started, tell us your postcode through the form on this page and we'll confirm whether we can help. Say whether your concern is clearance, damage or safety, and mention anything you already know about the tree's protection. Photos taken from a safe place are very useful, and you can email them to [email protected].