I want to cut a tall tree that sits between my neighbours property and mine. I always worry that it will fall and cause damage. The roots are on both of our properties. Can I cut it down or do I need to ask my neighbour’s permission?
If a tree’s trunk stands directly on the boundary between your property and your neighbour’s, it is generally considered jointly owned. In this case, you cannot remove the tree without your neighbour’s consent. You are permitted to trim branches or roots that encroach onto your property, but only up to the boundary line. However, you cannot carry out such works that would cause harm to the overall health of the tree. If your pruning leads to the tree dying, you could face:
1. A legal claim for damages – Your neighbour could take civil action against you for the cost of replacing the tree or any damage caused.
2. Fines or penalties – If the tree was protected under a Tree Preservation Order or located in a conservation area, you could be fined.
3. Liability for property damage – If the tree falls and damages property (yours or theirs), you may be responsible for the repair costs.
It is always advisable to inform your neighbour before doing any work so as to maintain good relations and avoid disputes. Additionally, ensure that any tree work complies with local regulations, such as checking for
Tree Preservation Orders with your local authority. Importantly, from March 1 to August 31, cutting or destroying vegetation is generally prohibited to protect wildlife.