Trimming trees and bushes that hang into your garden can lead to issues (Image: Getty)
As the weather improves and people spend more time in their gardens, they may want to spruce up their outdoor spaces and make changes. They may notice certain plants growing near their fences from their neighbours side, which if not maintained, could cause unslightly overhang.
It can be frustrating to handle an overgrown tree or bush – especially when it isn’t growing in your garden. Homeowners who have had enough of any overhang that makes their own gardens look unsightly could be tempted to fix the issue themselves.
But it is important to know when you legally can and can’t cross a line. Otherwise, you risk opening up a world of trouble.
Legally, there is no problem with trimming branches from trees or bushes that cross into your property from a neighbour’s property or a public road, according to Gov.uk. But, people do need to be aware of how far they can go before this simple gardening job leads to bigger disputes.
A statement on Gov.uk reads: “You can trim branches or roots that cross into your property from a neighbour’s property or a public road. You can only trim up to the property boundary. If you do more than this, your neighbour could take you to court for damaging their property.”
Legal experts warn that homeowners should take care not to overstep and complete the work from their own side of the fence. Blythe Liggins Solicitors said: “There is a right to cut overhanging branches without the need to give any notice to the owner, although this must be carried out without going on to the adjoining land, since otherwise this would be to commit trespass.”
Another thing to consider is ensuring that trees are not protected by a ‘tree preservation order’. You might need your council’s permission before either homeowner can trim them.
How to approach the problem
Homeowners can take simple steps to resolve this issue before the local authority or solicitors need to get involved, Citizens Advice claims. Start by talking to the neighbour and make a note of what was said or agreed.
A statement on the Citizens Advice website reads: “It’s often best to find a compromise, for example sharing the cost of pruning a hedge even if you think your neighbour owns it. It could help you keep a good relationship and might be cheaper than paying a solicitor to resolve the disagreement.”
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It also says that, if you still can’t agree, you can get help from a mediator who doesn’t know either of you and is trained to help people resolve disagreements. People can look for a mediator on Gov.uk, but this may cost money.
Homeowners can find themselves at the end of a range of different neighbourly disputes – from issues over bins, parking and more. Recently, a property lawyer explained how to determine which of your garden fences you own.
It can be handy to know either way, as people can find themselves in trouble for damaging property if they do something to a fence they technically do not own – even if it is in their own garden. Research shows that six in ten Brits have experienced garden-related disputes with a neighbour that could land you on the wrong side of the law, and one of those causes could be painting your fence.
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