Lawyer explains rules for when a neighbour cuts your tree

Summer is one of the busiest times of the year for gardeners, with plenty of watering, cutting and pruning to stay on top of.

The warm temperatures makes the summer the peak growing season for plants, so it's natural to have a bit of overgrowth around your garden, which can result in overhanging trees, branches and hedges. In some cases, trees and hedges in your neighbours garden can start to encroach onto your property, but if you want to remove it, it's important to know your rights first.

Under English law, if a tree, bush or hedge overhangs into your garden then technically the overhanging part is considered trespassing. As such, you have the legal right to cut back any overhanging branches and growth up to the boundary line, but you must not go beyond this.

You don't need to ask permission from your neighbours to trim any pesky overhanging growth, but there are a few rules you should bear in mind before you start hacking away.

Michael Ward, Partner and Head of Dispute Resolution at Hibberts LLP Solicitors, explains: "You do not need permission to trim overhanging branches, but you must:

• Only cut back to the boundary line
• Avoid stepping onto your neighbour's property
• Carry out trimming in a reasonable manner

"It is important to be aware that if you go beyond your boundary or cause damage, you could be liable for trespass or property damage.

"Legally, any branches, leaves, or fruit you cut still belong to your neighbour, so you should:

• Offer to return them politely
• Avoid throwing them back (which could be considered fly-tipping)
• Compost or dispose of them if your neighbour declines

"If you help yourself to fruit hanging over your fence - without picking it from your land - you could even be breaching the Theft Act 1968. So always ask first!"

In some cases trees may be protected by a Tree Preservation Order and so even if branches are overhanging onto your property, you will need to get permission from your local council before cutting them or you could be landed with a hefty fine.

And as for neighbouring trees causing damage to your property, Mr Ward says you could potentially bring a nuisance claim but legal action should be "a last resort".

He adds: "If a neighbour's tree roots are damaging your property - such as cracking paving stones, destabilising a fence, or blocking gutters - you could potentially bring a nuisance claim. Before heading to court though, it is best to:

• Try to resolve the issue informally
• Consider mediation as it is often encouraged and viewed favourably by courts
• Document the damage with photos and reports if needed

"Legal action should be a last resort, but your property rights matter-especially if the damage is ongoing or costly.

"The best solution to a garden dispute? A polite conversation. Most neighbours aren't aware that their plants are overstepping the mark until someone raises it.

"But if they ignore your concerns or refuse to take action, you don't have to tolerate trespassing trees or unruly hedges. The law is on your side - as long as you handle things reasonably and within legal limits."