Overhanging tree branches

Know your rights

Overhanging branches can lead to claims by the owner of the neighbouring property for nuisance or negligence if:

• They cause physical damage to structures on that adjoining property.
• They fall off and cause physical damage or personal injury.

In addition to nuisance or negligence claims, overhanging branches may lead to claims for:

• Trespass (into the neighbouring owner’s airspace).
• Obstruction of the neighbour’s right of light to windows in his building.
• Health and safety issues if they overhang highways, footpaths or railways.

In practice, it may be easier and quicker for the neighbouring owner to abate the nuisance by lopping the branches. We always recommend that a tree surgeon is approached to carry out such work due to the possible damage to the tree which might include affecting a tree’s balance. You will also need to make sure that the tree is not subject to a Tree Preservation Order as there will be restrictions on the lopping or cutting of the same.

If you think your branches are overhanging the boundary, then please get in touch today to seek legal advice before carrying out any work to the tree, or any boundary feature.