Boundary tree disputes in the UK are more common than you might think. Overhanging branches, towering hedges, and fast-growing shrubs can block sunlight, cause mess, and even damage property. As professional surveyors, we often see these disagreements escalate when neighbours aren’t clear about their legal rights and responsibilities.
This guide explains UK laws on overhanging trees, hedge height restrictions, and property boundaries, plus how a surveyor can help resolve disputes quickly and fairly.
Who Owns the Tree or Hedge?
In England and Wales, ownership is determined by where the tree’s trunk sits:
- Trunk entirely on one side – That landowner owns it, even if branches or roots cross the boundary.
- Trunk straddling the boundary – Ownership is shared.
If the exact boundary is unclear, a professional boundary survey can confirm it and avoid future disputes.
Overhanging Branches and Encroaching Roots – Your Rights in the UK
If branches or roots from a neighbour’s tree extend into your property, you can cut them back to the boundary line.
However:
- Do not cut beyond the boundary — that can be trespass.
- The cut material belongs to the tree’s owner — offer it back.
- Avoid causing damage that could make the tree unsafe, as you could be liable.
Many homeowners search online for overhanging branches law UK, which remains one of the most common boundary queries we receive.
The High Hedges Act
The Anti-social Behaviour Act 2003 (Part 8) allows councils to intervene if a hedge of two or more evergreen or semi-evergreen trees is over two metres high and blocks light to a neighbour’s property.
When assessing a complaint, the council looks at whether the hedge affects the main habitable rooms of the property (such as living rooms, dining rooms, or bedrooms).
How the allowable hedge height is worked out:
- The distance from the hedge to the nearest main window is measured.
- A formula known as the hedge height and light loss calculation is applied.
- As a rule of thumb, the “acceptable” maximum height is often the distance from hedge to window plus 2 metres — but site-specific factors can change this.
- Kitchens, bathrooms, hallways, and utility rooms are generally excluded from the calculation. Use this link to see a detailed explanation of the calculations
https://www.gov.uk/government/publications/hedge-height-and-light-loss/hedge-height-and-light-loss
If the hedge fails the test, the council can issue a remedial notice requiring the owner to reduce and maintain its height. Failure to comply may result in fines.
Common Causes of Neighbour Tree Disputes
- Loss of light from tall conifers or fast-growing hedges
- Falling debris like leaves, fruit, or sap creating mess
- Structural damage from invasive roots
- Blocked views – while there’s no “right to a view” in UK law, it still sparks conflict
Practical Tips for Homeowners Facing Boundary Issues
- Talk first – A friendly conversation can prevent years of tension.
- Confirm the boundary – Get a survey to remove doubt.
- Know your rights – Cutting past the boundary without permission is trespass.
- Document issues – Take dated photos and keep notes.
- Consider mediation – Often quicker and cheaper than legal action.
How a Surveyor Can Help Resolve Tree and Hedge Disputes
A chartered surveyor can:
- Accurately establish legal property boundaries
- Interpret title deeds and Land Registry plans
- Provide expert reports for mediation or court
- Recommend solutions that preserve neighbourly relations
Final Word: Preventing a Small Branch from Becoming a Big Dispute
and hedge disputes affect more than just gardens — they impact light, privacy, property value, and neighbourly goodwill. Understanding the law, maintaining open communication, and seeking professional advice early are the best ways to stop a minor issue from growing out of control.
If you’re facing a boundary tree dispute in the UK, contact Build Perception Surveyors for expert advice, accurate boundary surveys, and solutions that work for everyone involved.
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