Whose Tree Is It, and What Can You Do?

If your neighbour's tree has branches overhanging your garden, you're not alone in wondering what you're allowed to do. The law in England, Wales and Scotland is broadly similar: the tree belongs to the person who owns the land where its trunk grows. That means the tree itself – trunk, roots and the branches that haven't crossed your boundary – is their property. But branches that cross over your boundary are a different matter. You have a common law right to cut back overhanging branches, but only as far as your property line. You don't need your neighbour's permission to do this, but you must stick to the rules.

Your Right to Trim: The Boundary Is the Limit

You can cut back branches that overhang your land, right up to the boundary. You cannot, however, lean over the boundary to cut branches that are still on your neighbour's side. You also cannot enter their land to do the work without permission. If you need to go onto their property to reach the branches safely, you must ask first. A refusal doesn't stop you cutting from your own side, but it may make the job trickier.

There are other limits. You must not cut so much that you damage or kill the tree. You should avoid cutting into the branch collar – the swollen area where a branch joins the trunk – as this is the tree's natural healing zone. Make clean cuts just outside the collar. And never cut the top out of a tree (topping) unless you know what you're doing, as it can cause decay and weak regrowth.

• Cut back to the boundary line only.
• Do not cross onto your neighbour's land without permission.
• Do not cut beyond the boundary, even if a branch is awkward.
• Do not damage the tree – if in doubt, get advice.

The Cuttings Belong to Your Neighbour

Here's a point many people miss: the branches you cut off still belong to the tree's owner. You should offer them back. In practice, most neighbours will say they don't want them, but you must make the offer. If they decline, you can dispose of the cuttings yourself – compost them, take them to a green waste site, or chip them for mulch. What you must not do is throw them back over the fence. That could be considered fly-tipping, and it's a sure way to sour a good relationship.

It's wise to keep a record of the offer. A quick note through the door or a text message is enough. If your neighbour later claims you stole their wood, you'll have evidence. And if they want the wood for their log burner, let them have it – it's their right.

Protected Trees and Woodland Rules

Before you cut a single branch, check whether the tree is protected. A Tree Preservation Order (TPO) or a conservation area designation means you need written permission from your local council. This applies even if the branches are overhanging your garden. Cutting without permission can lead to a fine of up to £20,000 per tree in serious cases. If you're unsure, contact your council's tree officer – they're usually happy to advise.

For small woodlands, different rules apply. If you plan to fell more than 5 cubic metres of timber in a calendar quarter, you may need a felling licence from the Forestry Commission (or Natural Resources Wales, Scottish Forestry, or the Northern Ireland Forest Service). There are exemptions, for example for trees that are dead, dying or dangerous, or for pruning. But if you're managing a small woodland, a woodland management plan can help you stay on the right side of the law and may unlock grants.

Damage, Liability and Wildlife

If you cut back branches and the tree later falls or becomes unstable, you could be held liable. That's why it's important to cut correctly and not remove too much at once. A general rule of thumb is never to remove more than 25% of a tree's live crown in one year. For large limbs, or if the tree is old or diseased, call a qualified tree surgeon. They carry insurance and will know how to work safely.

Also be mindful of wildlife. Birds, bats and squirrels use trees for nesting and roosting. It is an offence to disturb a wild bird's nest while it is in use, and bats are protected by law. The main nesting season runs from March to August, so if you can, do your pruning outside that window. If you find a nest or bats, stop work and seek advice.

Keeping the Peace and Knowing When to Call a Pro

The best approach is almost always a friendly conversation. Explain what you plan to do, offer the cuttings back, and listen to their concerns. If you can agree, put it in writing – even a simple email – so there's no misunderstanding later. If your neighbour refuses access or you can't agree, you can still cut from your side, but you may need to accept that the job is limited.

For anything beyond small hand tools, or if the tree is protected, tall, or near power lines, bring in a professional. Look for a tree surgeon with relevant qualifications and public liability insurance. They will also advise on woodland management if you have a larger plot, including coppicing, thinning and replanting. A well-managed woodland is a joy, but it pays to know the rules before you start.