A barrister has clarified what householders are legally permitted to do when a neighbour's tree extends over into their garden. Daniel Barnett addressed the issue on his LBC programme after a caller described a hazardous branch falling onto his property.
Caller's Hazardous Branch Incident
Anthony, from Gravesend in Kent, telephoned LBC's Legal Hour and informed Daniel Barnett that branches from an adjacent tree had repeatedly fallen into his garden. He described that one branch which recently fell was "about 24ft long" and "about 9in in diameter", noting that it landed "right into the middle of the garden". He told Daniel: "So, you know, pretty dangerous."
Anthony stated he had consistently attempted to resolve the situation with his neighbour, including proposing to share the expense of removing the trees. "We've gone halves a couple of times to take his trees away because he won't do anything about it," Anthony described. "I've offered to pay half a couple of times, you know, take the other ones away, but this one is still really bad and he won't do anything about it."
Protected Tree and Planning Permission
Anthony also disclosed that the tree was protected, but stated planning permission had already been approved for it to be felled because the council acknowledged it was hazardous. Nevertheless, despite the authorisation being granted, the neighbour was still declining to remove it.
Daniel informed the caller there was limited scope for the law to compel action before damage actually happened. "You cannot compel your neighbour to cut down that tree," he explained. "If the tree falls down and damages your house, you can sue them for the damage, but you can't compel them to cut down the tree."
What Homeowners Are Legally Allowed to Do
The barrister proceeded to clarify what homeowners are legally permitted to do should branches extend across the property boundary. He said: "What you can do, Anthony - and this is unsatisfactory, but this is what the law says - is that if you imagine a vertical line upwards from the dividing line on your properties, say your garden fence, you're allowed to cut down any part of the canopy that overhangs that vertical invisible line rising above the property boundary."
Daniel further noted that residents are within their rights to trim any branches on their side of the boundary, although the cuttings technically remain the property of the tree's owner. "So anything that's on your side of the property, you can cut down," he said. "Legally, you're meant to throw the branches back onto his side or it's theft of his branches, but you can cut it down."
Limitations and Risks
Nevertheless, he emphasised that homeowners are prohibited from entering a neighbour's land to remove the tree themselves, even if they consider it to be a hazard. He said: "What you're not allowed to do is go into his garden and cut it down or remove the tree, or indeed compel him to do so, I'm afraid."
When Anthony questioned whether this was still true "even if it's dangerous", Daniel responded: "Correct. The law's really unsatisfactory here. It lets you sue him after it's damaged your property. It doesn't allow you to compel him to cut the tree down."
