Common Law Rights vs Statutory Planning Law
Under English common law (the doctrine of abatement of nuisance), a property owner has a general right to cut back branches and roots from a neighbour's tree that encroach across the legal boundary line, provided they offer the cuttings back to the owner.
However, statutory parliamentary legislation strictly supersedes common law. If the tree is subject to a Tree Preservation Order (TPO) or stands within a designated Conservation Area, the common law right to cut branches is completely suspended.
Any neighbour who cuts, saws, or damages overhanging branches without prior formal written consent from the Local Planning Authority commits a criminal offence under Section 210 of the Town and Country Planning Act 1990.
| Tree Legal Status | Can Neighbour Cut Overhanging Branches? | Council Permission Needed? | Who Pays for Works? |
|---|---|---|---|
| Unprotected Tree | YES (Back to legal boundary line only) | NO (Common law right applies) | Neighbour cutting the branches |
| Protected by TPO | NO (Criminal offence without consent) | YES (Formal TPO planning application mandatory) | Applicant (usually neighbour or owner by agreement) |
| In Conservation Area | NO (Cannot prune without 6-week notice) | YES (Section 211 notice mandatory) | Person instructing the works |
| Tree Root Encroachment | NO (If roots belong to TPO tree) | YES (Severing protected roots is a criminal offence) | Subject to planning and structural assessment |
How Neighbours Should Legally Deal with Overhanging TPO Trees
Step 1: Inspect the TPO Status: Verify the exact protection order by querying your local planning portal or using our Tree Preservation Order Checker.
Step 2: Communicate with Your Neighbour: Discuss your concerns amicably. In most cases, neighbours prefer to agree on a joint application for crown reduction or pruning carried out by a certified arboriculturist.
Step 3: Submit a Formal Planning Application: Either the neighbour or the tree owner can submit a free tree works application via the Planning Portal. You do not need to own the tree to apply for permission to prune branches overhanging your land.
Step 4: Await the 8-Week Determination Period: The council's tree officer will assess whether pruning the overhanging branches impairs the health or public amenity value of the tree before issuing conditional approval.
Cutting or excavating tree roots that cross your boundary line is also prohibited under a TPO. Severing major structural roots can destabilize the tree, creating a severe collapse risk and leaving you liable for criminal fines and civil damages.
Summary: Protecting Your Property Legally
If branches from a neighbour's protected tree pose an imminent hazard of breaking windows or causing structural roof damage, you can request an expedited inspection or submit a dangerous tree notification under Regulation 14 with time-stamped photographic evidence.