As summer arrives across the UK, gardens come alive with vibrant growth, but this seasonal flourish often brings disputes over encroaching vegetation from neighbouring properties. Property specialists at HCB Widdows Mason have provided guidance to help homeowners navigate the prickly matter of their rights regarding overhanging branches and invasive plants.
Speaking this time last year, Natalie Welsh, head of property at HCB Widdows Mason, shared advice for gardeners to help them understand the legal framework while encouraging them to preserve good relations with neighbours.
She said: “It can be really frustrating when branches or plants from your neighbour’s garden start to spill over into your space. In England and Wales, you’re allowed to cut back any branches that cross onto your property, but only up to the boundary line. Just make sure you don’t step onto your neighbour’s land or damage the tree itself.
“It’s always best to have a friendly chat with your neighbour first. Let them know what you’re planning, especially if you think you’ll need a tree surgeon.
“If the branches are overhanging onto your side, you’re responsible for the cost of having them removed, not your neighbour. Once you’ve cut them back, you’re also responsible for getting rid of the branches properly.
“The cut branches belong to your neighbour, you can offer to return them, but you mustn’t just throw them back over the fence – that’s fly-tipping, which is illegal.
“If your neighbour doesn’t want the trimmings, then it’s down to you to dispose of them responsibly, whether that’s your garden waste bin or taking them to the recycling centre.
“The obligations for maintenance can change over time and responsibility is often poorly documented. If any plans associated with the property show ‘T’ marks on the title documents – your conveyancer can advise you – then this is usually an indication of the boundaries that you are to maintain and repair.
“If there are no such ‘T’ marks and the title is silent as to boundaries, then it is usually the case that the boundaries are considered party boundaries. This means that the responsibility to maintain the boundaries is shared evenly with adjoining properties.
“In most situations, a friendly word with the neighbour may help establish views of ownership over any respective boundary in question and avoids any disputes or misunderstandings later.
“Boundary disputes can often become costly and acrimonious – if you’re not sure about your rights or think things might get tricky, it’s a good idea to speak to a legal expert first.”
HCB Group are legal specialists with expertise spanning education, property, probate and beyond.
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