Practical Guide

Can I Cut Branches From a Neighbour's Tree Overhanging My Hanham Garden?

Generally yes, back to the boundary. The conditions on that right matter more than the right itself.

Updated 1 September 2026 Tree Surgery · Hanham

The Short Answer

You may generally cut back growth that crosses onto your property, as far as the boundary line but no further.

The conditions: the cuttings and fruit remain the tree owner's property, you cannot enter their land, a Tree Preservation Order or conservation area status overrides the right entirely, and you must not damage the tree's health or stability.

This page is general information, not legal advice. Tree and boundary matters become expensive disputes surprisingly easily. Where a tree is large, valuable or protected, or the relationship is already difficult, a short conversation with a solicitor before cutting is money well spent.

The Conditions

Check Protection First

StatusWhat it means
Tree Preservation OrderConsent needed before any work, overhanging included
Conservation areaNotice to the council required
NeitherThe general right applies, with the conditions above
UnsureAsk the council. Free, and cutting a protected tree is an offence

South Gloucestershire Council holds the TPO register and conservation area information for Hanham. Checking costs nothing. Cutting a protected tree without consent is a criminal offence carrying substantial fines, and "it was overhanging my garden" is not a defence.

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A tree cut hard on one side looks exactly like what it is, from both gardens, for years afterwards.

Doing It Properly

Beyond Overhanging

If It Is Your Tree Someone Is Complaining About

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FAQs

Neighbours' Trees in Hanham — FAQs

Can I cut a neighbour's tree overhanging my garden?

Generally yes, back to the boundary line but no further — provided the tree is not protected, you do not enter their land, and you do not damage its health or stability.

What do I do with the cuttings?

They remain the tree owner's property. Offer them back — throwing them over the fence can amount to fly-tipping.

Can I keep fruit from overhanging branches?

No. Fruit belongs to the tree owner even where it hangs on your side.

What if the tree is protected?

Then you need the council's consent before any work, including overhanging growth. Cutting a protected tree without consent is a criminal offence.

How do I check whether a tree is protected?

Ask South Gloucestershire Council, which holds the TPO register and conservation area information for Hanham. It costs nothing.

Can I make my neighbour cut their tree?

Not usually for overhanging growth or shade. Dangerous trees are different — raise it in writing, and the council can act on trees posing a genuine risk.

Is there a high hedge route for a single tree?

No. That process applies to lines of two or more evergreen or semi-evergreen trees or shrubs, so there is no equivalent for one tree blocking light.

What if someone complains about my tree?

Take it seriously early, get it assessed, and consider arranging the work yourself — a tree cut back on one face by someone else rarely looks good from either garden.

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