Can I cut my neighbour's overhanging branches?
Usually yes — you have a common law right to cut branches that overhang your land, but only back to the boundary and only if the tree isn't protected. You may cut overhanging branches (and intruding roots) without permission, but only up to the boundary line — you can't cut anything on the neighbour's side, and you mustn't trespass by entering or leaning over their land. Importantly, the cuttings, wood and fruit remain the neighbour's property, so you must offer them back (you can't throw them over the fence). Check the tree's protection status first: a Tree Preservation Order (TPO) or a conservation area usually means you need council consent or notice before any cutting. For tall evergreen "high hedges," self-help is limited — use the council complaint route. In short: yes, to the boundary, if it's not protected.
📋 The rules
- Cut overhanging branches/roots back to the boundary
- No trespass — don't enter or lean over their land
- Cuttings, wood and fruit stay the neighbour's — offer back
- Check for a TPO or conservation area first
- High hedges: limited self-help, use the council route
🔓 Exceptions
- TPO trees: apply to the council for consent before cutting
- Conservation areas: give the council 6 weeks' notice
- High hedges (2m+ evergreens): statutory complaint under ASBA 2003
⚠️ Penalties & fines
The penalties bite around protected trees. Breaching a TPO by destroying a protected tree can mean a magistrates' fine up to £20,000 (and an unlimited fine in the Crown Court, taking account of any benefit gained), plus a duty to replant; lesser TPO contraventions are fined up to £2,500. Failing to comply with a high-hedge remedial notice is fined up to £1,000, and the council can do the work and recover costs; a high-hedge complaint itself usually costs around £300–£650 (non-refundable). Beware a myth: "I cut the overhanging branches, so the wood and apples are mine" is false — branches, prunings and fruit remain the tree owner's property, and even windfall fruit belongs to the neighbour. (Scotland and NI have their own high-hedge laws.) Before cutting: check for a TPO, talk to your neighbour, cut only to the boundary, and offer the cuttings back.
📎 Official sources
- GOV.UK — neighbour disputes: hedges, trees, boundaries →
- GOV.UK — Tree Preservation Orders →
- Town and Country Planning Act 1990 — TPOs →
❓ Frequently asked
Can I cut branches that hang over into my garden?
Generally yes. You have a common law right to cut back branches that overhang your property, without your neighbour's permission, but only up to the boundary line. You can't cut anything on their side, and you mustn't enter or lean over their land to do it, as that would be trespass.
Can I keep the branches or fruit I cut?
No. The branches, wood and any fruit you cut from an overhanging tree remain the property of the tree's owner. You should offer them back to your neighbour. You also can't simply throw the cuttings back over the fence — if they don't want them, you must dispose of them responsibly.
Do I need permission before cutting?
Sometimes. If the tree is protected by a Tree Preservation Order, you must apply to the local council for consent before cutting. If it's in a conservation area, you must give the council six weeks' written notice. Cutting a protected tree without consent is an offence, so always check the tree's status first.
What's the penalty for cutting a protected tree?
Destroying a tree protected by a TPO can lead to a fine of up to £20,000 in the magistrates' court, or an unlimited fine in the Crown Court, and you may be ordered to plant a replacement. Less serious breaches can be fined up to £2,500. So it's essential to check for a TPO before any work.
What about a tall hedge blocking my light?
For a high hedge — generally two or more evergreen or semi-evergreen shrubs over two metres — your self-help right to cut is limited. After trying to resolve it with your neighbour, you can make a formal high-hedge complaint to the council under the Anti-social Behaviour Act 2003, usually for a fee. The council can order it reduced.
🔎 Common searches
What people search to land here:
- “can i cut my neighbours overhanging branches”
- “overhanging branches law uk”
- “whose are the cut branches”
- “tree preservation order cutting”
- “high hedge complaint council”
- “cutting neighbours tree rights”