It can be tricky knowing what you can and can’t do legally if you have issues with neighbouring properties, particularly when it comes to trees, hedges and other such planting that may be encroaching on your land.
If your neighbour has a tree with roots or branches that are crossing over into your property, you are within your rights to trim these back, but note that you can only trim up to the property boundary. If you go over and start trimming anything that lies on your neighbour’s side, you run the risk of being taken to court for property damage.
However, your neighbour is responsible for maintaining their trees and hedges, and if they fail to do so and they cause damage to your property, they could be liable as a result.
Also note that you do not need to seek permission from your neighbour or give them notice that you’ll be cutting back any overhanging branches, as this is what’s classed as ‘abating a nuisance’. You would only need permission if you had to access their land in order to carry out the work.
However, take all the precautions you can because if you cause damage to your neighbour’s tree, or trees, because of the work you’re doing, you could be considered negligent in the eyes of the law. It’s always advisable to seek guidance from an arboriculturist, tree surgeon or landscape garden expert before you do anything.
Furthermore, make sure that you get in touch with your local council before doing any work if you live in a conservation area or if the trees are protected by tree preservation orders. You may need to have specific permission in place in order to address any issues.