Overhanging trees and hedges
How to deal with issues around overhanging trees and hedges.
Trees
Try to speak with your neighbour first and see if you can agree on a solution. If you do not feel comfortable talking to them, write a polite letter and keep a copy.
Do not cut or trim a neighbour’s trees or hedges without telling them first.
If the tree is in a conservation area or protected by a Tree Preservation Order (TPO), it is an offence to carry out work without permission. Contact the council’s Planning Department to check if a tree is protected.
Telephone: 01582 546317
It is not illegal for branches to overhang your property unless they are causing damage.
Under common law, you may cut back overhanging branches to the boundary line. Before doing this, you must:
- tell your neighbour what you plan to do
- offer them any cut branches or fruit, as these legally belong to the tree owner
If the tree is protected or in a conservation area, you must get permission before pruning. Contact the Planning Department to check.
For any pruning work, use a qualified tree surgeon. The Arboricultural Association, Institute of Chartered Foresters (ICF) and the International Society of Arboriculture (ISA) can help you find accredited contractors.
A tree swaying in the wind or appearing large does not necessarily mean it is unsafe. Trees usually become hazardous due to:
- root damage
- poor‑quality tree work
- construction or landscaping activity
- slow‑acting decay or disease
Serious tree‑related accidents are rare, but landowners have a legal duty to ensure their trees are safe. Trees should be checked regularly, and inspections are often required by insurance policies.
The council will only intervene in extreme cases involving privately owned trees, unless:
- the tree poses a risk to the public highway, or
- the tree is protected by law
If you believe an overhanging tree is dangerous, you can arrange a private inspection by a qualified tree specialist.
If they confirm the tree is unsafe, inform the tree owner in writing and keep copies of all correspondence in case you need to show evidence of negligence.
Hedges
Under the Anti‑social Behaviour Act 2005, councils can investigate complaints about high evergreen hedges. However, you should first try to resolve the issue directly with your neighbour and keep records of your communication.
If you cannot reach an agreement, you can ask the council to investigate. A fee is usually required.
The law only applies to hedges made up of two or more evergreen trees forming a continuous barrier. Overhanging branches are dealt with under common law.
If your complaint is valid, the council will assess the hedge and decide on a reasonable height. Your neighbour can appeal against the decision.