A tree belongs to the land its trunk stands on, and the owner of that land is responsible for it. If branches from a neighbour’s tree overhang your side of the boundary, you may usually cut them back to the boundary line, but not when the tree is protected, so check before you cut anything. Tree owners also owe a duty of care for their trees. This article is general information, not legal advice.
The trunk decides who owns the tree
Ownership follows a simple principle: the tree belongs to the land the trunk stands on. It does not matter how far the branches spread over a fence or a hedge line. If the trunk is on your neighbour’s land it is your neighbour’s tree, and if it is on yours it is your tree, along with the responsibility that comes with it.
Where it is genuinely unclear whose land the trunk stands on, that is a boundary question rather than a tree question, and it is worth settling before anyone carries out work. If you are in doubt, take advice before cutting.
Overhanging branches: what you can usually do
Where a neighbour’s branches cross the boundary, the usual position is that you may cut them back to the boundary. Two words in that sentence carry the weight: usually, and boundary.
- Usually. The general right to cut back does not apply when the tree is protected. A tree covered by a Tree Preservation Order needs council consent before any works, and works to trees in a conservation area need six weeks written notice to the council. Those rules apply to overhanging branches just as they apply to the rest of the tree.
- To the boundary. The right extends to the boundary line and no further.
Penalties for unauthorised works on protected trees can include unlimited fines, so it is never worth guessing. Before touching a branch, check whether the tree is protected. Our free protected tree checker reads the national planning dataset and gives an indicative answer; the council register is the definitive record, so confirm with your council before any work goes ahead.
What the owner is responsible for
Landowners owe a duty of care for their trees. If a tree stands on your land, you are expected to take reasonable care of it, and that does not change because the canopy leans over a boundary or because it is a neighbour who spends time beneath it.
For trees near boundaries, buildings or places people pass, a professional inspection is a practical way of understanding a tree’s condition and showing that the duty is being taken seriously. Our surveyors carry out tree risk assessments across Preston, Lancashire and the North West.
It is also worth knowing that trees on shrinkable clay soils can be implicated in subsidence. That does not mean every tree near a house is a problem, but it is another reason a boundary tree deserves a considered look rather than a quick decision over the fence.
Check first, then act
If a boundary tree is causing friction, the safe order of events is:
- Establish whose land the trunk stands on. That person owns the tree.
- Check whether the tree is protected. Use the checker for an indicative answer, then confirm with your council, which holds the definitive register.
- If the tree has a Tree Preservation Order, apply to the council for consent before any works. In a conservation area, give the council six weeks written notice.
- Only then decide what cutting, if any, should go ahead, and keep it to your side of the boundary unless the owner agrees otherwise.
Boundary disagreements have a way of escalating, and works to a protected tree cannot be undone. This is general information, not legal advice. For anything contentious, take your own advice, and for anything involving a protected tree, speak to the council first.
Not sure where you stand?
If you are dealing with a tree on or near a boundary and want a professional view, send the details through our free scope check form at /tree-surveys/#survey-enquiry and our qualified team will tell you what, if anything, you need. Quotes come within one working day, survey visits within days, not weeks, and the price we quote is the price you pay. Or call the office on 07884 274693.
