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Home /Help & Advice / Public / My neighbours are unhappy that a tree growing in my garden overhangs their property and say that the

My neighbours are unhappy that a tree growing in my garden overhangs their property and say that they have the right to cut it back. Is this correct?

 24/11/2015    Last Modified: 01/07/2019

Under common law rights a neighbour can cut back any foliage that overhangs the boundary to the boundary line without reference to the owner of the tree/shrub (this includes roots!). If the tree is covered by a Tree Preservation Order (TPO) or is growing within a Conservation Area, the consent of the local planning authority must first be obtained. There is no right for anyone to enter the tree owner's land to carry out these works.

More detailed information on TPOs: www.gov.uk/guidance/tree-preservation-orders-and-trees-in-conservation-areas#Flowchart-1-Making-and-confirming-TPO

Topics:
Distance, tpo, tree preservation order, boundary, common law, roots, hedge, tree roots

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Further Information:

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