You Can Cut Back a Neighbour's Overhanging Branches Yourself. Most People Still Get It Wrong.

This is general information for England, not legal advice. The Citizens Advice page it draws on applies to England and links separate advice for Wales, Scotland and Northern Ireland, which this article does not cover. If anything about your situation is unusual, ask your council or a solicitor.

What are you allowed to cut?

You may cut the branches that hang over your side of the boundary, back to the boundary line, and the right is yours to exercise without asking first. Citizens Advice says you may cut overhanging branches of a neighbour's tree or hedge, but only the parts on your side. The GOV.UK high hedge guidance says the same for hedges: trimming overhanging branches is fine, and anything more could lead to your neighbour taking you to court for damaging their property.

That right has three hard edges, and it pays to know all three before you pick up the loppers. You cannot cut anything that sits on your neighbour's side of the line. You cannot take the tree down or cut it further back than the line, because that goes beyond the overhang. And you should not go onto your neighbour's land without asking: St Albans City and District Council says that if the work needs access to the owner's land, you need their permission.

Who owns the branches you cut off?

Your neighbour does, which surprises most people who have just done the work. Citizens Advice says the cut branches legally belong to them, so ask whether they will let you dispose of them. St Albans council puts it the other way round: you can offer them back and ask your neighbour to dispose of them. Either way, the wood is not yours to keep.

When do you need the council's permission first?

You need it if the tree is protected, and this is the single point where people most often get into real trouble, because the overhang is not the issue, the status of the tree is. Citizens Advice says to check for a Tree Preservation Order (TPO) before cutting any tree: if there is one, you need the council's permission even if you own the tree. The Planning Portal says the same applies to pruning branches that overhang from a neighbour's protected tree, and that protected trees include those in a conservation area.

In a conservation area, trees without a TPO need six weeks' notice to the council before most work. The rules, the size limit and the penalties are explained in our guide to whether you need permission to cut down a tree.

So ask first, always. Your local planning authority, normally your own council, can tell you in a quick phone call or email, and that call is what stands between a tidy afternoon's work and a mistake the council can prosecute.

Should you check for nesting birds?

Yes, whatever the month, and this rule does not bend for convenience. The Wildlife and Countryside Act 1981 makes it an offence to intentionally damage or destroy a wild bird's nest that is in use or being built. The RSPB advises watching the tree or hedge for several days, since birds regularly flying in and out suggest a nest, and using hand tools so you can stop quickly if you find one.

If you find a nest, stop and leave that branch until the young have gone. It is a reason to wait, not a reason to cut anyway because the branch is already half-done.

Should you talk to your neighbour first?

Yes, and this is the step people skip when they are keenest to just get on with it, which is exactly when it matters most. Citizens Advice suggests speaking face to face if you can, writing down what you agree, and keeping copies of any letters or emails. It says compromises, such as splitting the cost of pruning, can cost less than a solicitor and keep the relationship intact, which is worth more than winning the point.

If the tree is a genuine hazard, such as a limb that looks unsafe, that is a different conversation: tell the council. Citizens Advice says the council may ask the owner to make it safe or deal with it itself.

When is it worth using a professional?

Anything beyond a branch you can comfortably reach from the ground is worth handing over, not pushing your luck on. The Planning Portal describes tree work as hazardous and says it should be done by trained, competent and insured arborists, and that councils usually expect it to meet the British Standard BS 3998.

Our tree surgery service covers tree work that is beyond what can be done safely from the ground, and our hedge trimming and pruning service deals with hedges and shrubs. Both start with a free visit and a written quote, and green waste is taken away. If the branches belong to a neighbour, agree the plan with them first, every time.

Sources

• Citizens Advice: If you disagree with your neighbour about a tree or hedge
• GOV.UK: High hedges, complaining to the council
• Planning Portal: Consent under Tree Preservation Orders
• St Albans City and District Council: Your rights regarding your neighbour's trees
• RSPB: What does the Wildlife and Countryside Act 1981 do?
• RSPB: Birds' nests and nestboxes

This article sets out Aspen Rose's own reading of the overhanging branch rules above, not legal advice. Where a tree is protected, where a boundary sits, or what counts as unreasonable damage can all turn on the specifics of your case, so check with your council or a solicitor before relying on any of it.