{"id":30407,"date":"2025-08-11T11:21:11","date_gmt":"2025-08-11T10:21:11","guid":{"rendered":"https:\/\/www.goodhomesmagazine.com\/?p=30407"},"modified":"2025-08-12T15:26:07","modified_gmt":"2025-08-12T14:26:07","slug":"can-i-cut-the-roots-of-my-neighbours-tree","status":"publish","type":"post","link":"https:\/\/www.goodhomesmagazine.com\/garden\/can-i-cut-the-roots-of-my-neighbours-tree\/","title":{"rendered":"Can I cut the roots of my neighbour’s tree if they’re growing in my garden?"},"content":{"rendered":"\n

This time of year we’re spending a lot of time outdoors, it’s time for the extra room to come into play. <\/p>\n\n\n\n

However, spending more time in our gardens often means noticing issues and wanting to spruce up the area – and one of this issues could be an overhanging neighbour’s tree.<\/p>\n\n\n\n

Whether that’s because leaves and branches are destroying your conservatory roof, unwanted fruit is landing in your garden, or it’s creating unwanted shade. <\/p>\n\n\n\n

But what are the rules on preventing this from happening? <\/p>

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If the tree is hanging over or in some cases, even growing in your garden, you could be well within your rights to simply cut the issue right back…<\/p>\n\n\n\n

Potential fines<\/h2>\n\n\n\n

George Levett, Legal Expert at Conveyancing Solicitor<\/a> says: “Cutting back your neighbour\u2019s tree might seem harmless. <\/p>\n\n\n\n

“But, without understanding the law, you could be opening yourself up to fines, legal action, or worse.<\/p>\n\n\n\n

“Yes, you\u2019re legally allowed to cut back branches or roots that encroach onto your property, but only up to the boundary, and only if you do so responsibly. <\/p>

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“Failing to follow due process can result in serious legal consequences.”<\/p>\n\n\n\n

But if it’s impacting your garden on your property, it’s ok right? <\/p>\n\n\n\n

George explains: “Under common law, homeowners have a right of abatement. <\/p>\n\n\n\n

“Meaning you can trim roots or branches that cross into your land.<\/p>

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“However, you can\u2019t go onto your neighbour\u2019s land without permission, nor can you damage the overall health of the tree. <\/p>\n\n\n\n

“If your actions lead to the tree dying or becoming unstable, you could be held liable for damages.”<\/p>\n\n\n\n

If the tree is in a Conservation Area or under a Tree Preservation Order (TPO), you must get written consent from the local planning authority. <\/p>\n\n\n\n

Breaching a TPO is a criminal offence and could give you a fine of up to \u00a320,000.<\/p>

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George says: “Some believe that visible nuisance is enough justification for aggressive pruning, but the law prioritises property boundaries, ecological balance, and tree health. <\/p>\n\n\n\n

“Acting without permission or professional guidance often backfires.<\/p>\n\n\n\n

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Be mindful of fly tipping<\/h2>\n\n\n\n

When cutting down branches and pruning, be careful how you dispose of the cuttings as if you’re not careful you could be accused of fly tipping.<\/p>\n\n\n\n

Dean Meadows, Principal Arboriculturist and Tree Risk Management Lead at Arbtech<\/a> explains: “It’s important to remember that cuttings do still remain on your neighbour’s property and should be offered back. <\/p>

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“Never just discard them back over the fence as this could be regarded as fly-tipping of garden waste. <\/p>\n\n\n\n

“If you offer them to a neighbour and they decline them, the responsibility for disposal then becomes yours. <\/p>\n\n\n\n

“It’s best to put them in your brown garden waste bin, if you have one, or arrange a visit to the local waste centre.<\/p>\n\n\n\n

Where is the best place to start?<\/h2>\n\n\n\n

George explains that practically, it’s best to go about things as you would with any other neighbour or community issue.<\/p>\n\n\n\n

“Start with a conversation, neighbour disputes often escalate due to poor communication between the parties involved. <\/p>\n\n\n\n

“A respectful heads up can go a long way.<\/p>\n\n\n\n

“Check with your local council by looking up Tree Preservation Orders or Conservation Area restrictions on your local authority’s website. <\/p>\n\n\n\n

“If all is ok, then make sure you’re using a qualified arborist, especially if its root work. <\/p>\n\n\n\n

“Poor cutting can destabilise the tree or affect drainage and foundations – this will not make you popular with your neigbours.<\/p>\n\n\n\n

“While it’s legal to manage encroaching trees up to your boundary, doing so without care or proper checks can turn a simple issue into a costly mistake. <\/p>\n\n\n\n

“Knowing your rights, respecting your neighbour’s property, and when it doubt getting legal or environmental advice will really help you.”<\/p>\n\n\n\n

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READ MORE<\/strong>:<\/p>\n\n\n\n