It's a bit of an anomaly really, as while you are obliged to offer the branches back, if any leaves from your neighbour’s tree fall into your garden in autumn, you have no right to ask them to come around and sweep them up. However, the branches and any fruit on them which you may have cut down on your side still belong to the tree owner so they can ask you to return them. If it is, you’ll need to seek further clarification. If the branches of a neighbour’s tree start to grow over to your side, you can cut them back to the boundary point between you and your neighbour’s property, as long as the tree is not under a tree preservation order. Obviously, many neighbours will not tend to worry about that too much but should a neighbour, for example, see you collecting apples from their tree even though the branches have grown onto your side, they are legally entitled to ask you to return them. Even if the tree bears fruit or flowers on branches which overhang into your land, it’s an offence under the Theft Act 1968 to keep them or to take cuttings of flowers, for example. Even if its branches or, worse still, its roots have begun to grow over or into a neighbour’s territory, it belongs to the landowner where the tree was originally planted. Therefore, it’s important to know what your rights are and what you can and cannot do.Įstablishing Ownership of TreesThe tree belongs to the person upon whose land it has originally grown. However, they can also cause a nuisance to a next door neighbour when they start encroaching onto your side of the fence, with problems ranging from attracting unwanted insects like bees and wasps, blocking out your light and shedding their leaves all over your garden. They could be fruit bearing trees, a place in which to retreat to the shade and they can also add a great deal of colour to a garden.
Trees can add a great deal of splendour to a garden.
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