Trees overhanging private property

A property owner is legally entitled to cut overhanging branches back to their own boundary line, unless the tree is subject to a Tree Preservation Order or situated in a conservation area.

Trees on private land

You may wish to consult a private independent aboriculturist to ensure the tree does not become unstable or pose a risk to others. Ensure that they are competent and insured to provide this service.

We recommend you discuss this with the tree owner before works are carried out.

• If your neighbour refuses to undertake any tree work, it is your legal right to prune any branches that overhang your land back to your boundary line. You must not enter any land that is not yours without permission of the land owner - this even applies to leaning anything over the boundary such as ladders or ropes.
• If you choose to carry out such work, you should inform your neighbour first and ask if they want any of the tree branches, fruit or flowers back, as it is their property. If they do not want it, it is your responsibility to dispose of all tree waste appropriately. You cannot throw it onto neighbouring or other land as this will be classed as flytipping. All costs incurred are your responsibility and cannot be claimed back from the tree owner or the council.

Trees on council owned land

The council is not legally obliged to prune back branches that overhang a property.

We would only carry out works to trees overhanging your property where a risk assessment shows that the tree or branches are dangerous or likely to fall. Where this is the case, you should follow the process for reporting a dangerous or fallen tree.

• We will not carry out works to nuisance trees.
• You can prune overhanging branches back to your own boundary line, unless the tree is subject to a Tree Preservation Order or situated in a conservation area.
• Any tree work you carry out must be done from within the boundaries of your land. We do not authorise any tree work to be carried out from council land, including public highways and roads.
• You must dispose of any material appropriately and at your own expense. Do not deposit the material on council land - if we find this to be the case it could result in legal proceedings against you for flytipping.