UPDATED JUNE 2026
If your neighbour’s tree or overhanging branches are extending into your garden, you’re probably wondering what your rights are and whether you’re allowed to cut them back.
It’s one of the most common questions we’re asked at About Trees Ltd.
Over the years, we’ve helped homeowners across Kent deal with everything from overhanging branches and fallen leaves to protected trees and neighbour disputes.
The good news is that UK law gives you the right to cut back overhanging branches to your property boundary, but there are important legal responsibilities to understand before carrying out any work, particularly if the tree is protected or located within a conservation area.
If the tree is protected by a Tree Preservation Order (TPO) or located within a conservation area, carrying out work without permission could have serious consequences.
Even if you’re legally entitled to cut back overhanging branches, larger trees should always be assessed by a qualified tree surgeon to ensure the work can be carried out safely and without causing long-term damage to the tree.
In this guide, I’ll explain what you can and can’t do, when you should speak to your neighbour first, and when it’s worth seeking professional advice.
Whether you’re dealing with overhanging branches, a protected tree or an ongoing neighbour dispute, this guide explains everything you need to know before picking up a saw.
If you’d like professional advice specific to your situation, you can book a site visit with our experienced team.
The Right to Cut Overhanging Branches
Under UK law, you are generally entitled to cut back any branches from your neighbour’s tree that extend over your property boundary. This legal principle is commonly known as the “right to abate a nuisance.”
However, there are important limits to this right. You must not enter your neighbour’s garden without their permission, even if doing so would make the work easier. All pruning should be carried out from within your own property.
Once the branches have been cut, they legally remain the property of the tree owner. Although it may seem unusual, you should offer the cuttings back to your neighbour before disposing of them. If they don’t want them, you can then arrange for them to be removed responsibly.
All pruning work should be carried out in accordance with British Standard BS3998 to help protect the long-term health of the tree.
If the branches are large, overhanging buildings or require climbing equipment to remove safely, it’s always advisable to use a qualified tree surgeon. Incorrect pruning can damage the tree, create safety risks or even lead to legal issues if the tree is protected.
What About Leaves, Fruit and Debris Falling Into My Garden?
One of the biggest misconceptions is that a neighbour is responsible for clearing leaves, blossom, fruit or small branches that naturally fall into your garden.
In most situations, this isn’t the case. Under UK law, these are considered natural occurrences and homeowners are generally expected to deal with seasonal leaf fall and other debris themselves.
Although it can certainly be frustrating, particularly during autumn, you usually cannot require your neighbour to prevent leaves from falling or insist that they clear them from your property.
If the tree is causing more serious issues, such as structural damage, blocked drains or safety concerns, it’s worth seeking professional advice to establish whether further action may be appropriate.
Trees Protected by Tree Preservation Orders and Conservation Areas
Before carrying out any work to an overhanging tree, it’s important to establish whether it is protected by a Tree Preservation Order (TPO) or located within a conservation area.
A Tree Preservation Order is designed to protect trees that provide significant public amenity or environmental value. Even if branches extend into your garden, you may still need permission from your local authority before carrying out any pruning.
Similarly, trees within conservation areas are protected by additional planning legislation. In many cases, six weeks’ written notice must be given before work begins, allowing the local authority time to consider whether further protection should be applied.
Carrying out unauthorised work on a protected tree can result in substantial fines, so it’s always worth checking before any pruning takes place.
If you’re unsure whether a tree is protected, our team can help identify any restrictions and advise on the correct process before work begins. You can also read our detailed guide to Tree Preservation Orders for further information.
What if My Neighbour Refuses to Cut Their Tree?
In many cases, the best place to start is with a friendly conversation. Your neighbour may not even realise their tree is causing an issue, and discussing the problem openly can often prevent unnecessary disputes.
If the overhanging branches are causing damage, blocking light or creating a safety concern, explain the situation calmly and discuss whether a solution can be agreed. Most disagreements can be resolved without involving solicitors or formal complaints.
Where an agreement can’t be reached, it’s worth seeking professional advice before taking further action. An experienced tree surgeon can assess the tree, explain your legal rights and provide impartial recommendations based on the specific circumstances.
When Should You Contact a Professional Tree Surgeon?
Although you may be legally entitled to cut back overhanging branches, every tree is different. Large trees, protected trees, storm-damaged branches and trees growing close to buildings should always be assessed before any work is carried out.
At About Trees Ltd, we’ve helped homeowners, landowners and businesses across Kent safely manage overhanging trees for many years. We can identify whether a tree is protected, recommend the most appropriate course of action and carry out any work safely and in accordance with current legislation.
If you’re unsure what you’re allowed to do, arranging a professional site visit can often save time, prevent neighbour disputes and avoid costly mistakes.
Common Problems Caused by Overhanging Trees
Blocked Gutters and Drains
Overhanging trees regularly shed leaves, twigs, seeds and blossom throughout the year. These can quickly block gutters and downpipes, particularly during autumn, leading to overflowing water and potential damage to your property’s roofline, walls and foundations. Regular maintenance and sensible pruning can often help reduce the amount of debris falling onto your property.
Lack of Light and Excessive Shade
Large trees can significantly reduce the amount of natural light reaching your garden and home. While some shade is beneficial during the summer, excessive shading can make outdoor spaces less enjoyable, affect the growth of lawns and plants, and encourage moss to develop on patios, paths and driveways.
Falling Branches and Safety Concerns
Dead, damaged or weakened branches can become a safety risk, particularly during periods of strong wind or severe weather. If you’re concerned that an overhanging branch could fall onto your property, it’s worth arranging a professional inspection to assess the tree’s condition before it becomes a more serious problem.
Root Growth and Property Damage
Although this guide focuses on overhanging branches, tree roots can sometimes spread beyond the boundary of a neighbouring property. In some situations, roots may affect patios, driveways, garden walls or underground drainage systems. Every situation is different, so professional advice should always be sought before cutting or removing roots, as doing so could affect the tree’s stability.
Protecting Good Neighbour Relationships
Tree disputes can quickly become stressful if they’re not handled carefully. In our experience, the vast majority of situations can be resolved through a polite conversation and sensible advice before they escalate. Understanding your legal rights while approaching the situation respectfully usually leads to the best outcome for everyone involved.
Need Advice About an Overhanging Tree?
If your neighbour’s tree is overhanging your garden, understanding your legal rights is the first step towards resolving the issue safely and responsibly. While UK law generally allows you to cut branches back to your property boundary, there are important exceptions where protected trees, conservation areas or safety concerns are involved.
If you’re unsure how to proceed, our experienced tree surgeons are happy to help. We provide professional tree inspections and expert advice across Kent, helping homeowners understand their options before any work takes place.
Whether you need guidance on overhanging branches, Tree Preservation Orders, pruning or tree removal, we’re here to help.
Book a site visit today and we’ll assess your situation and recommend the safest and most appropriate solution.
