Common law rights
How to legally deal with tree branches and tree roots from neighbouring properties or land.
Tree branches from neighbouring property or land
Property owners are allowed to remove branches that cross over onto their property from a neighbouring property or piece of land, without the permission of the tree owner. Branches or roots that ‘trespass’ across legal boundaries can be lawfully removed back to the boundary only (not beyond the boundary).
Property owners or occupiers are not permitted to cross over the boundary to remove branches or access/climb into the tree without the tree owner’s permission. Crossing over the boundary to remove branches or gain access to a tree without the owner’s permission, could be interpreted as trespass.
We always recommend that where possible the two neighbours involved communicate with each other to prevent unnecessary confrontation or misunderstandings before any pruning works.
All branches and arisings (cut wood) that cross over a boundary line are still the property of the tree owner and must be offered back to them. The tree owner is not obliged to accept the branches or arisings from the person who has removed them. If the tree owner does not accept them then they must be disposed of in a responsible way (not thrown back over the fence).
Tree roots from neighbouring property or land
Roots can be legally removed back to the boundary. However, you should consider this carefully because excessive pruning of branches or roots could lead to the decline, death or destabilisation of a tree.
If a neighbour causes a tree to fail through excessive pruning of roots or branches, they may be liable for damages and costs.