Overhanging branches from a neighbor’s tree can cause inconvenience by encroaching on your property, blocking sunlight, and littering your lawn or patio with leaves. Understanding the laws surrounding this issue can be complex, but Shensmith, a law firm led by barristers, has provided clarity on dealing with a neighbor’s tree that extends onto your land.
According to barrister John Price, property owners have the right to trim back any roots or branches from a neighbor’s tree without needing permission. However, caution is advised as pruning that harms or destabilizes the tree could lead to liability for damages. Price recommends consulting an arboriculturist before undertaking any work of this nature.
Moreover, even though you may trim the branches, the cut material still belongs to the tree owner. It is essential to offer to return any trimmings to the owner to avoid potential accusations of theft. Maintaining open communication with your neighbor is crucial to prevent disputes, as they may be willing to address the overhanging branches themselves.
Before cutting any tree, ensure it is not protected by a tree preservation order to avoid legal repercussions. Additionally, be mindful of any nesting birds in the tree before beginning any pruning activities. If the tree bears fruit, both the fruit and any fallen fruit on your property still belong to the tree owner, and permission is required to retain them.
Establishing a cooperative relationship with your neighbor can prevent unnecessary conflicts and legal actions. By addressing tree-related issues amicably, you can maintain positive neighborly relations and avoid potential litigation.
