Boundary Trees & Overhanging Branches: Who’s Really Responsible?

Boundary Trees, Overhanging Branches and the Law: Who’s Really Responsible?

 

Understanding your rights and responsibilities with trees on property lines in the UK.

When it comes to trees growing on or near property boundaries, things can quickly get complicated. Whether it’s a branch hanging into a neighbours garden, a tree growing on the fence line, or roots spreading into a driveway, disputes can arise often fuelled by misunderstanding, poor communication, or outdated information.

At Hartlebury Hardwoods LTD, we’re regularly asked to advise on these situations. So, we’ve created this guide to help landowners, homeowners, and contractors better understand where the law stands and how to apply best practice before a neighbourly disagreement turns into something more serious.

Who Owns a Boundary Tree?

A tree that sits entirely within one propertys legal boundary belongs to that landowner. But what about a tree growing on the boundary line itself?

UK law generally treats boundary trees as shared ownership unless the boundary and tree ownership are clearly stated in title deeds or a boundary survey. This is where confusion starts  especially in rural areas or old properties with unclear fence lines.

Key point:

Ownership usually includes the trunk. If the trunk of a tree is wholly on your land, it’s your responsibility. If it’s on the boundary, it may be jointly owned.

Can You Cut Overhanging Branches?

Yes in the UK, you have the legal right to cut back overhanging branches or encroaching roots up to the boundary line without your neighbours permission, provided:

- You do not trespass onto their land.

- You do not damage the trees health.

- The tree is not protected by a Tree Preservation Order (TPO) or in a conservation area.

However, theres a catch: the cut branches still belong to the tree owner. Legally, you should offer them back (though most people decline).

Best Practice Tip:

Even if you’re legally allowed to prune, talk to your neighbour first. Open communication often prevents long-term conflict.

Tree Roots Causing Damage Who Pays?

If a trees roots are causing subsidence, cracked walls, or lifting paving, the trees owner can be held liable for the damage especially if they’ve been made aware of the problem and failed to act.

However, proving root-related damage often requires:

- A structural engineers report.

- A tree survey.

- Possibly even soil and moisture testing.

This is why early inspection by a qualified arborist (like our team at Hartlebury Hardwoods LTD) is essential for both parties.

Common Pitfalls We See in Boundary Tree Disputes:

1. Assuming old trees are protected.

Not all mature trees are protected. Only those with a TPO or in conservation areas require formal consent before work.

2. Hiring unqualified contractors.

Work on boundary trees needs careful pruning to avoid stress or unbalancing the tree. Poor work can kill a healthy tree and potentially lead to a claim.

3. Tree felling without checking property lines.

Felling a tree that straddles a boundary without your neighbours agreement could result in legal action for criminal damage.

4. Ignoring neighbour complaints.

If someone raises a legitimate concern (e.g., overhanging branches hitting vehicles), ignoring it may lead to formal complaints or council involvement.

Best Practice for Contractors and Landowners Alike:

Whether you’re managing a garden, a woodland, or a commercial site:

- Always verify tree ownership and boundary lines.

- Get written permission before working on shared or neighbouring trees.

- Check for TPOs and conservation area restrictions with the local council.

- Engage qualified, insured tree surgeons especially near property lines.

- Keep communication open with neighbours throughout the process.

Final Thoughts:

Boundary trees are as legally sensitive as they are ecologically valuable. The law gives you certain rights, but good practice and open dialogue often go further than legal entitlement.

At Hartlebury Hardwoods LTD, we offer clear, professional guidance on tree ownership, safe pruning, and neighbour-friendly solutions. Whether you need a survey, a risk assessment, or advice on handling a tricky boundary, we’re here to help you make the right decision legally, safely, and ethically.

Need advice on a boundary tree issue?

Get in touch with our team today to arrange a consultation or site visit.