Law on overhanging trees

[AInightingale]

My neighbour has a gigantic tree in her small garden (think like 60 ft) and it spreads and overhang mine considerably. She is elderly and I understand the problem in maintaining it and the costs etc. My kids were at a loose end and made a rope swing on one of the branches, and she was furious, threatening to call council etc. The branch was on my side! Has she any right to do this? My understanding is that any parts of a tree overhanging the boundary are that person's to do what they like with - you could cut them back to the fence if you wanted? Isn't that the case? The tree is a bloody pain tbh, massively overshadowing, and every autumn I spend hours sweeping up leaves from my swamp of a garden because of it - no help offered from her family, naturally.

no - it is not yours - and arguably a rope swing could damage a branch which is not yours...

however - you do have the right to trim anything overhanging your garden (as long as you don't 'damage' the tree). If you trim, you have to offer the trimmed branches back to the tree owner (they are not yours) but they don't have to accept them - they can say no thank you and then you are liable for disposal - you can't just drop them on their property as that is fly-tipping...

you should probably have a discussion with her where you notify her that you plan to trim everything overhanging your garden as per your legal right - as it is restricting how you use the garden - alternatively, fi she would prefer it to stay perhaps she could give permission to allow a swing on it / children to climb it / etc. - her choice

I wouldn't actually cut the branches on only one side , the tree is so big that I'd be scared of making it unstable and more liable to be damaged in a storm etc. A little swing will not affect it as much as one-sided pruning!

I was suggesting more that you had a discussion with the neighbour - where you make her aware that you have that right - she might see a rope swing as being less of an issue! 😄

If tree annoys you then cut down overhanging branches. But no, you can't hang a swing from it because as pp said you might damage tree more

Yes - she's a bit eccentric really. I really don't see how her house insurance can cover her, it's such a brute of a thing, well out of the range that they normally quote for height/distance from house.

Although it overhangs your garden , it is still your neighbour's tree.
You cannot do anything to it without her permission. If you wish to prune back , you must ask her and you must offer the prunings back.
You cannot do anything to it that might compromise it, including adding swings.

You’ve got the right to trim it. But it’s still fundamentally her tree so your kids were rude to do what they did without getting permission from her first, which obviously wouldn’t have been forthcoming.

If it's her tree - and I can't believe I am even getting into this, it's so petty - can I ask her son and daughter and law to come shovel up the leaves in my garden and yard come November? if it's all hers, the source of the leaf litter (and it's considerable, ankle-deep, and can't possibly be left to block gullies and decompose into slippery sludge all over the yard) is also hers presumably? All seems very one-sided.

You’ve got the right to trim it. But it’s still fundamentally her tree so your kids were rude to do what they did without getting permission from her first, which obviously wouldn’t have been forthcoming.

not if there is a tpo on it.

No you can’t get them to sweep up leaves unfortunately https://www.rhs.org.uk/plants/types/trees/the-law

No you can’t @AInightingale its something we all just have to put up with

Bugger. That's helpful and comprehensive, thanks.

The people behind her got fed up and had a tree surgeon in last year and lopped off loads of branches that were overhanging their back garden, so the brute is probably unstable now. (the tree I mean).

Glad you clarified you were referring to the tree not the old dear@AInightingale 😂

Sounds like a right pain !
But if your other neighbours had it lopped , then (provided they went with a Qualified Tree Surgeon) there isn't a TPO on it .

In your shoes I'd go down the same route . Get someone in to assess it - they will know how the lopping will affect the stability of it .
Don't forget , the roots of this tree could be affecting your house too .

If your NDN wants to , she can have it lopped so its more even in shape .Or be left with an ugly shaped tree , her choice

The Law with trees is very one sided - you can have a huge tree , yes your NDN can trim it but then likely responsible for disposal ( 'cos the owner won't want them back) and you get the blocked light and the leaves .

Can you tell I used to live next to a mahoooosive tree ?

They might have asked for permission. I have two trees with TPOs and have been successful in getting permission to crown one and remove a large low branch from another. I believe it is possible to apply for this even if not your tree if it overhangs your property.

This is wrong , you can trim anything that overhangs your boundaries without asking the owner, Yes you do have to offer them back .

id just cut the branch off that had the swing on just to piss her off 🥳

The roots did damage up a section of my fence actually - loosened the breezeblocks supporting it, which fell over. I rent from council, she owns under the RTB, so they replaced it. I do actually worry about it, it was going a dinger in Storm Betty and in full leaf. Our gardens are sloped too so God knows what shape the roots are or how stable it is.

I am itching to cut the offending branch off @Diyextension ...so petty isn't it.

id say it’s absolutely the right thing to do and when you take the branch round to see if she wants it back, tell her you had to do it to stop the kids making a potentially dangerous swing. 🙂.

And ….. you might have to chop some more off if they try and make anymore .😱