Several of our neighbour mediation cases every year relate to trees. Neighbours frequently fall out about the maintenance of trees on or near the boundary between their two properties.

The first thing to remember is that a tree is the property of the person on whose land it is growing on. In some cases, it will be necessary to consult each property’s deeds to establish ownership of the tree.

If your neighbour has a tree on their land that encroaches or overhangs your property, you're entitled to cut it back to the boundary line, but there are a number of things to bear in mind and we would always recommend talking to your neighbour before you reach for your saw.

You must only prune from your side of the boundary unless you have permission from the tree’s owner to enter their property. However, if you prune the tree from your side of the boundary and cause lasting damage to the tree, for example, stress that leads to part of the tree or the whole tree dying, you could be accused of criminal damage. Trees can be sensitive to being pruned, so make sure you know what you’re doing.

It’s also important to be aware that, if you cut a branch from a point of the tree that is on your neighbour’s side of the boundary, you could be accused of trespass, even though you haven’t set foot on their land.

Some trees are protected by tree preservation orders (TPOs) and there might be restrictions on what you can do to the tree. If a tree is subject to a TPO, you need to get permission from the local planning authority before doing any work on it or you could face a hefty fine of between £2,500 and £20,000. 

With the pruning of a neighbour’s tree seemingly a bit of a minefield as well as potentially quite dangerous depending on the size of the tree, it might be safer to hire the services of a professional tree surgeon to ensure that it's done correctly.

Should you need to involve a tree surgeon, theoretically the work should be carried out at your neighbour’s expense, as they are responsible for the tree. However, we would highly recommend discussing with your neighbour any costs you expect them to bear before any work commences. You might want to consider whether you would be prepared to split the costs of the work, in case they suggest that.

Remember that the branches of a neighbour’s tree belong to your neighbour even if they overhang your property, so disposal of any cut branches should also be discussed. It is never a good idea to cut off branches and throw them over the fence, unless your neighbour has agreed in advance you can do that!

By having a friendly chat with your neighbour about their tree, you are much less likely to end up needing our help to resolve a dispute. Our advice is to start the conversation by telling them how the tree is impacting you and your property, rather than steaming in demanding they sort it out without explaining your concerns and needs regarding the tree. In our experience, people can be very sensitive about their property, including their trees!

If you’re based in the borough of Sevenoaks, Tonbridge & Malling or Tunbridge Wells, contact West Kent Mediation to find out if we can help you resolve any conflict in your life, including a dispute with a neighbour about a tree. You can read more about our neighbour, family and workplace mediation services on our website and contact us via our contact form or by email at theoffice@wkm.org.uk or by telephone on 01732 469696.