Can I cut my neighbour’s tree branches if they overhang in my garden? Your legal rights explained

WHEN it comes to maintaining your garden, your next door neighbour’s plants can feel like a nuisance. If you keep your outdoor space tidy and trimmed, it’s easy to be tempted to chop away at greenery hanging over from your neighbour’s garden, too. Do you know your legal rights when it comes to overhanging branches? Credit: Getty There are some things to be aware of before you chop your neighbour’s plants Credit: Getty But there are some important rules you need to be aware of before you take your shears to branches crossing over your fence. You do in fact have the right to trim branches that cross over into your garden, but only up to the boundary of your property line. Sign up for The Sun newsletter Thank you! You must also return the cut off branches to your neighbour, unless they don’t want them. According to the Royal Horticultural Society, cutting off overhanging branches can be done “provided it is done without trespassing onto the other person’s property”. “It is also permissible to climb into the tree to undertake the work, again so long as it does not require going into the neighbour’s garden/land,” the RHS adds. Permission is also not required to trim overhanging branches. “Your actions are classed as ‘abating a nuisance’ which does not require permission. Only in situations where you need access to their land to undertake the work would permission be required,” the RHS says. Once the branches have been pruned, they must be offered back to the neighbour. Most read in The Sun The RHS advice explains: “If the owner doesn’t want them then you will be responsible for disposing of the prunings; you can’t simply throw them over the boundary into your neighbour’s garden!” You are not allowed to pick and keep fruit from branches hanging over into your garden. It’s important to note that “trees covered by a Tree Preservation Order (TPO) or in a Conservation Area will require prior consent from the local authority”. Cutting a tree covered by a TPO can result in fines of up to £20,000. You can check if a tree is covered by contacting your council’s planning department. Comment now