The short answer
Generally, yes — you have a common-law right to cut back branches (and roots) that cross your boundary, but only as far as the boundary line, and the right comes with limits. You cannot go onto your neighbour’s land to do it without permission; the branches and any fruit remain your neighbour’s property, so you should offer the cuttings back; you must not cut so far or so carelessly that you damage the health of the tree, or you could be liable; and if the tree is protected by a Tree Preservation Order or sits in a conservation area, you need consent from the council first. The right exists, but it is not a free hand.
Why it matters
The right to abate an overhang is genuinely useful, but each limit catches people out. Reaching or leaning over the boundary to cut is a trespass. Keeping or dumping the cuttings can be seen as theft or fly-tipping — they belong to the tree owner, so offer them back. Over-cutting that destabilises or kills the tree can turn your lawful pruning into a liability. And cutting a protected tree without consent is a criminal offence that can carry a significant fine. Checking ownership of the tree and its protected status before you start is the simple way to stay on the right side of all of this.
What to do now
- Check whether the tree has a Tree Preservation Order or is in a conservation area — if so, get consent first.
- Cut only back to the boundary line, and only from your own side.
- Offer the cuttings back to your neighbour.
- Take care not to damage the health of the tree; get advice if a large cut is involved.
Common mistakes
- Reaching or stepping over the boundary to cut.
- Keeping or discarding the cuttings rather than offering them back.
- Cutting a protected tree without consent.
- Over-pruning and harming the tree.
When to call Coburns
Where overhanging growth ties into a boundary disagreement, we help establish the line and ownership objectively — and you can confirm any tree protection with the local council before cutting.