Residents often get annoyed when their neighbour’s vegetation starts encroaching on their backyard. This doesn’t necessarily give them the right to eliminate any overhang, however.
Whether a tree is blocking out sunlight or disrupting the overall aesthetic of your outdoor space, knowing your rights is pivotal before pruning.
Ideally, the issue should be raised in conversation before any action is taken, as cutting back trees can be legally contentious.
Neil Mckenzie, CEO of Halton Stairlifts, shared some of the most important rules to bear in mind based on his extensive experience in property law.
Homeowners are encouraged to enquire about the rules before cutting their neighbour's trees
Getty“Homeowners can prune branches of a neighbour’s tree that extend into their property, with important considerations,” he explained.
“It’s polite and often necessary to inform the neighbour before pruning any overhanging branches.”
According to the expert, homeowners have the right to cut back branches extending into their airspace as long as the following rules aren't broken.
“You can only trim branches up to your property boundary,” he added. “Cutting any part of the tree on the neighbour’s side without permission could lead to legal issues.”
To prevent disputes, the structure of the tree mustn’t be compromised during the pruning process.
“Care must be taken not to harm the overall health and stability of the tree,” McKenzie explained. “Incorrect pruning can lead to legal problems if the tree is damaged or dies.”
He continued: “Some areas may have specific rules or homeowner association regulations that further control tree pruning.”
There are situations in which chopping down trees is forbidden, so homeowners will need to consider whether some rules are applications that prohibit chopping off branches.
“Some trees are protected due to their age, size or species,” McKenzie explained.
Additionally, if a tree is a habitat for wildlife birds there may be strict restrictions on its removal.
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Trimming down protected trees can lead to hefty fines
GETTY“Tress designated as heritage or protected for their ecological value cannot be removed,” McKenzie explained.
What’s more, tree removal is also forbidden during certain seasons when the nesting activities of birds increase.
It comes as an expert shared the easiest way to tell if your garden fence is your responsibility or your neighbour’s.
Speaking exclusively to GB News, Tom Clifford, from Gardenstone, recently explained why the responsibility for garden fences doesn’t always fall on just one party.