Is it legal to have a neighbours plants/trees grow into my own garden and have their fruits fall on my lawn?

Question

Is it also legal to cut down any parts of the trees that hang over into my garden in order to put a stop to the fruits that keep falling on to my lawn?

Answer 1

In the UK, you have a legal right to cut back anything that overhangs into your boundary, but you must place anything that you do cut back into their garden. Any fruits etc that land in your garden however become your property, and you can do as you wish with these.
Your neighbours are not allowed to come into your property to cut down their trees etc without your position.
However, it may be wise to consider that talking to your neighbour, and coming to an amicable agreement would be the best solution all round.
Also, we are killing the earth by deforestation, and it seems a great pity that a few branches and apples are really making your life such a misery. Have you considered the beauty of trees? Our children need to breathe the oxygen excreted by trees.

Answer 2

ok, so one can only assume that you dont get on with the neighbours.
I furthermore read from your tone that you are angry and want to get back at your neighbours for something, whether its merely the tree i cannot say. as a mature adult i can only think that its NOT just the tree, cause generally people talk to the neighbours about small irritations such as what you've outlined.
What you could do which is well within your rights (if you're not on speaking terms with them) is to write them a letter and keep a copy of the letter (and make sure you post it so that you can ask the post office for a posting receipt). in this way, you will have proof (in case it goes to court) that you informed them you are not happy with their tree hanging over. This makes it all nice and formal and unambiguous. YOu can ask them to remove their things (that which is a reasonable request) from your property, and give a time frame of 2-4 weeks) so that a judge or legal professional can see that you have not only made a reasonable request, but that you've been kind enough to allow them time to deal with what you feel is effectively a problem. If they still dont remove the boughs of the tree in your garden, write again and say that you will cut if off. (Wait one week). If they don't do anything, cut if off. I'm pretty sure they'll have removed it before you need to take action.

Answer 3

Check your local bylaws. In some areas it is indeed legal to cut parts of trees, etc., that are on your property. As for the plants actually growing into your own garden, you have every right to dig up the parts that are in your property. If it's a real problem, I'd talk to the neighbour and ask if they can either move the offending plants or put a barricade of some sort around it to keep it on their side. If they won't, I'd talk to a lawyer or legal helpline to see what my options are.

Answer 4

Yes it is legal to cut down any trees or plants that hang over your garden wall. i have just cut some branches off of my neighbours tree as it was hanging right over the joint wall and leaves were falling all over my lawn. I also cut down a blackberry bush that was hanging over from the park that backs onto my garden as the bush was almost touching the ground..

Answer 5

Applies to UK, copied from site below.

Over Hanging Branches
Branches that grow so as to overhang your neighbours' land are trespassing on his air space. The neighbour can chop the branches back to the boundary but he has to return the lopped branches to the owner of the tree together with any fruit that might have been on them. If he lops beyond his boundary then it is a trespass. It is always best to ask your neighbour first although you do not need his permission to lop overhanging branches so long as they are returned.

You could sue the owner of the tree or shrubs for trespass; nuisance and/or negligence (in this case if they become dangerous).

Answer 6

If your neighbours trees are hanging over your property then you have the right to cut the parts only that are on your property.
Why don't you just pick the fruit and use it. It seems to me that you are very lucky to be sharing them. What sort of trees are they?

Answer 7

Yes it is legal but anything on your side of the fence is your's. You can cut the branches up to your property line and you can keep any fruit that falls on your side of the fence. I've been through all this with a neighbour of mine. We still get along fine.

Answer 8

The law in the uk states that if any branches, shrubs or other plant life is encroching your property then you are fully entitled to cut back to the boundry but you must "offer" the cuttings to the owner, this is a mad rule because who wants it back? Dont simply throw it over, its cheeky and may cause problems. Keep it amicable, speek to the neighbour and explain what your doing and offer the cuttings back, if they argue tell them youre entitled to do so and get on with it but do not cross the divide.

Answer 9

Our Dearest American Friends, this is obviously a UK question because of the use of the words Neighbours and Garden.

You can cut overhangs, but they belong to the neighbour so you have to return them.

I doubt its legal to cut a tree back so far that it becomes unbalanced or dangerous.

Answer 10

Your neighbours cannot prevent the roots of their plants spreading underground into you garden or their plants seeding there, and are not obliged to stop tree limbs growing into your airspace. You are allowed to remove any vegetation that grows over your boundary, such as tree branches, but are obliged to offer them back to your neighbour under British law.