Who pays for overhanging trees in the UK?

Overhanging branches and trees can cause a surprising amount of stress for both homeowners and neighbours. In the UK, the question of who pays to manage or remove overhanging limbs is shaped by common law, local authority policies, and practical considerations about safety and property damage.

This article unpacks the responsibilities, rights, and practical steps you can take if you’re dealing with overhanging trees, with a particular focus on considerations relevant to Dorchester and the broader Dorset area, including when you might need to call a tree surgeon Dorchester.

Understanding the basics: tree ownership and rights

Trees and branches are generally owned by the person who owns the land on which the tree stands. If branches from a neighbour’s tree encroach onto your property, you usually have the right to trim them back up to the boundary, as long as you do not trespass or damage the tree.

If you remove or prune overhanging branches yourself, you should offer or return the trimmings to the owner if they are on their land, and you must ensure you do not cause damage to the tree or the property.

When the neighbour pays: common situations

If the overhanging branches are from a neighbour’s tree and they pose a risk of damage to your property, you can request that they prune or remove the branches. In many cases, the neighbour will agree to arrange for a tree surgeon Dorchester or a local professional to carry out the work.

If the neighbour refuses or disputes responsibility, there are steps you can take, including written notices and, as a last resort, applying to the county court for an order requiring action. However, this can be a lengthy and costly process and is rarely the first course of action.

Practical steps to resolve overhanging tree issues

1. Document the problem

• Take clear photographs showing the overhanging branches and any damage or encroachment onto your property.

• Keep copies of any communication with your neighbour about the issue.

2. Check local bylaws and tree protection rules

• Some areas have specific local rules about trees, especially if they are protected or on designated land.

• In Dorchester and wider Dorset, many trees fall under national legislation, but local councils may have additional guidance or permit requirements for pruning or removal.

3. Request a professional assessment

• A qualified tree surgeon Dorchester can provide an expert opinion on whether pruning or removal is appropriate and safe.

• They can also advise on who should pay, based on the cause of the issue and the property risk.

4. Consider mediation

• If discussions stall, consider mediation with a neutral third party to reach an agreement without escalating to court.

5. Legal routes as a last resort

• If necessary, you can seek a court order under the Occupiers’ Liability or the Trees Act, though these cases can be complex and costly. Legal advice is essential.

Costs and who typically pays

Generally, the owner of the tree is responsible for its maintenance, including pruning back overhanging branches. If the branches come from a neighbour’s tree, the neighbour is often expected to pay for the pruning or removal, especially if the encroachment is causing damage or risk to your property.

If both properties contribute to the issue or there is shared responsibility (for example, where branches overhang multiple properties or the trees are on a boundary), costs may be shared. A professional assessment can clarify responsibilities.

Why you might hire a tree surgeon Dorchester

A tree surgeon Dorchester brings expertise in safely pruning, reducing risks to your home and power lines, and preserving tree health.

They can provide documentation that may be helpful if disputes arise, including written quotes and a professional assessment of liability.

Protecting yourself and your property

• Regular maintenance reduces disputes: keeping trees pruned and monitored helps prevent problems before they arise.

• Ensure you have appropriate insurance cover, including liability for tree damage, which can influence who should pay in some scenarios.

Final thoughts

Dealing with overhanging trees in the UK involves a mix of rights, responsibilities, and practical steps. While the general rule is that the tree owner should handle maintenance and pay for pruning the branches that overhang neighbouring property, there are many nuances depending on the specific circumstances.

If you’re in Dorchester or the wider Dorset area and you’re unsure who pays, starting with a professional assessment from a tree surgeon Dorchester can help clarify liability and provide a clear path forward.

Proactive communication with neighbours, documentation, and, where appropriate, mediation can save time and prevent conflicts. Remember that safety and legal considerations should guide every decision, and professional advice is invaluable when trees present a real risk to people or property.