UK homeowners have the right to plant whatever they want, wherever they want on their property – with the exception of restricted invasive species such as Japanese knotweed, giant hogweed, and Himalayan balsam. However, it’s sensible to consider the consequences of planting potentially large or imposing trees or hedges close to a boundary, and it’s important to make planting decisions that minimise any potentially negative impact on your neighbours.
If a neighbour’s tree or another plant does start to become a nuisance, whether they planted it themselves or it was there when they moved in, you are allowed to cut off any branches that are overhanging onto your property – provided it is done without trespassing onto the other person’s property. You are also allowed to climb into the tree to undertake the work, again so long as it does not require going into the neighbour’s garden or land. You do not need to gain permission from your neighbour or give them notice to cut off the overhanging branches to the boundary point.
However, if the tree is covered by a Tree Preservation Order (TPO) or in a Conservation Area, Arbtech advises that you will require prior consent from the local authority. Once branches are cut off they should be offered back to the tree owner. 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.
When it comes to fallen leaves – which can be a particular nuisance in autumn – neighbours are not obliged to clear up leaves or debris that have fallen from their tree onto your property. The exception is if damage occurs as a result, for example a blocked drain, in which case it is advisable to notify the tree owner in a letter.
A spokesperson for ecology survey company Arbtech commented: “While it might seem frustrating to see your property covered in leaves from a neighbour’s tree, unfortunately the responsibility to clear them generally lies with you. There’s no legal obligation for your neighbour to clean up the leaves that drift across the boundary – unless they cause specific damage, such as blocking your drains or gutters.
“In such cases, where damage occurs, it’s important to notify your neighbour in writing. Although they aren’t usually required to clear up the leaves, they may be responsible for resolving issues that result from the debris, like fixing a blocked drain that leads to flooding. This can be a grey area, but understanding your rights – and your neighbour’s responsibilities – can help avoid unnecessary disputes.”