Help – neighbour dispute with overhanging tree?

You can, I believe, just chop off anything overhanging your property from another – but you must return the chopped off part to the owner. Personally I would just lob the chopped off branches back over their wall!

Google tells me that: If you remove branches beyond the boundary line without your neighbour’s permission, you will commit a trespass and a claim for trespass could be pursued against you through the courts. If you’re in any doubt as to where exactly the boundary lies you should, therefore, obtain legal advice.

I would guess that the wall between 2 properties is a clear boundary marker, so ensure your ‘pruning’ remains to your side of the wall.

@Denise G – you must offer it back not necessarily return it, usually applies to fruit but you cannot just lob it back over, that is fly tipping. A widely held misconception that you have to return it without asking. If it’s the neighbour’s tree it’s their responsibility if it’s damaged the wall.

Be careful lobbing what you cut off back over the wall,, as contrary to common belief, it can be considered, in the eyes of the law, littering.

Why not ask if you can get a quote for the work and suggest that good practice would be to get a third one, so you can compare and contrast to ensure fairness all round.

The £5k quote may include preparing the wall, which isn’t something you’d need to pay for.

Night be worth confirming that the tree doesn’t have a preservation order on it. Probably not a good Idea to throw any cuttings back over the neighbour’s wall as it would just raise the anger level. I imagine that the neighbour is just trying to minimize the cost of trimming the tree, without realising that any damage to your property as it grows larger could be a great deal greater and much more expensive. Be careful to avoid a formal dispute with the neighbour as it may make for difficulties if/when you want to sell the property, as it would need to be declared as a part of the sale process.

Reply to the comment left by Martin Hicks at 27/07/2023 – 09:45I can’t imagine a Buddleia, commonly known as the butterfly bush and which is not actually even a tree, would have any kind of a preservation order on it.
Buddleia is described as a perennial, semi-evergreen plant or shrub and is actually on the invasive plants register, so it needs to be properly pruned and maintained so that it won’t cause a problem.

Reply to the comment left by Crossed_Swords at 27/07/2023 – 09:33
That’s exactly what my husband just said, as we have the same issue with our own neighbours, who have multiple trees that overhang our garden (and shed their leaves into our pond). He offers them the cuttings back (and they never want them).

Ditto! Personally I would just lob the chopped off branches back over their wall!

I’ve had a similar issue with a dividing fence which is the neighbours fence technically.My view is whoever’s responsibility it is you need to compromise and work towards neighbourly accord particularly as you rent your property out and have safety to consider. Get in several quotes for cutting back tree and repairing wall. Go 50/50 and keep that tree cut back on your side from here on in. Keeping neighbours on side helps tremendously. Yes maybe not your financial responsibility but keeping neighbour’s on side works for me.

If I have read correctly, as a result of the buddleia bush overgrowth damaging the wall, which in turn could harm the tenant’s toddler, there is more urgency to getting this matter resolved than arguing about cost and liability of removal of the shrub.

If the OP hasn’t already done so, they should be looking at their own liability to the tenant in the event of the bricks/wall falling and causing injury. A much stronger message needs to go back to the neighbour (possibly with legal assistance – maybe your landlord’s policy has a legal add-on option?) to explore liability and how to manage the situation – it may be that the OP needs to step in and deal with repairs urgently, particularly if the neighbour is unwilling to co-operate.

Thanks for that. My comment was as a generality and not about a specific species. I would also add that from personal experience it is often better to seek a mutually agreed outcome with a neighbour, even at some personal expense, rather than fester a dispute. Especially if you need to beg a future favour such as access for maintenance, repair or improvement works to your own property. It’s all a part of the unending joy of property ownership!