The common-law right to cut back
Branches that grow over your boundary are, in law, a nuisance you are entitled to abate. In practice that means:
- You may cut overhanging branches back to the boundary line — no further.
- You must not go onto the neighbour's land, or lean over it to cut, without permission.
- The cut material still belongs to the tree's owner: offer it back rather than throwing it over the fence, and do not keep fruit.
- The work must not destabilise or kill the tree — removing a large share of a tree's crown from one side can do exactly that, and can make you liable for the damage.
The same principle applies to encroaching roots, with the same caution about harming the tree.
A TPO changes everything
If the tree is protected by a Tree Preservation Order, the protection covers the whole tree — including the branches over your side. Cutting them without the council's consent is an offence, and it is committed by whoever does the work. "They were over my garden" is not a defence.
The same goes for trees in a conservation area, where the council normally needs six weeks' written notice before work. Neither regime cares which side of the fence the trunk stands on.
Check before you cut
You cannot tell whether a neighbour's tree is protected by looking at it, and the neighbour may not know either. Before any cutting:
- Run a postcode check above for TPO records around the boundary.
- Confirm with the Local Planning Authority's tree officer — name the tree's position so there is no ambiguity.
- If the tree is protected, apply for consent for the cutting-back you want; councils deal with boundary overhang applications routinely.
A short delay for a check is nothing against prosecution for damaging a protected tree.
Talk to the neighbour first
Nothing obliges you to warn a neighbour before trimming an unprotected overhang — but doing so is almost always the better course. They may agree to have the whole tree pruned properly at their cost, or share the cost of a tree surgeon doing a tidy job from both sides, which beats a hard flat cut at the boundary line both for the tree and for how it looks from your window.
A note through the door with a date and what you intend is usually enough to keep the relationship intact.
What the right does not cover
Cutting back to the boundary is the limit of self-help. It does not entitle you to:
- Fell the tree, top it, or cut beyond the boundary line.
- Demand the neighbour removes the tree because of shade, leaves or general nuisance — falling leaves and blocked light are normally not actionable.
- Deal with a hedge the same way in every case: a row of evergreens over two metres may fall under the separate high-hedge rules, which run through the council rather than the courts.
If overhang is part of a wider dispute — subsidence, damage, boundary position — take advice before acting; self-help in a live dispute usually inflames it.