If you are stuck in such a situation, here is what to do.

Mr. Sharma lives in a quiet suburban neighbourhood. He shares a narrow access lane with his next-door neighbour, Mr. Gupta. A large sycamore tree in Mr. Gupta’s garden has grown significantly over the years, and its branches now hang low over this shared lane, making it slightly awkward to drive through. Mr. Sharma, wanting to be proactive, decides to trim the overhanging branches. He is aware that if the branches were over his private garden, he could legally cut them and offer the trimmings back to Mr. Gupta. However, since the branches overhang a shared space, he is uncertain. Is he still entitled to return the cuttings to Mr. Gupta’s property, or does the responsibility for disposal now fall on him because he chose to undertake the work?

Advice in such cases

The core of neighbourly disputes often lies in communication. Before taking any action, the best first step is always to have a polite conversation with your neighbour. Explain the issue and what you propose to do. They may not even be aware of the problem. Acting unilaterally can escalate a simple maintenance issue into a prolonged and bitter dispute. It is crucial to act reasonably and proportionately at all times.

Applicable Sections of Law

This situation is governed by UK common law principles related to property, nuisance, and trespass, rather than a single Act of Parliament.

• Right to Abate a Nuisance: Under common law, overhanging branches from a neighbour’s property that cross over your boundary are considered a legal nuisance. You have the right to “abate this nuisance” by trimming the branches back to the boundary line. You do not need your neighbour’s permission to do this, but you must not enter their property to carry out the work without consent.
• Ownership of Trimmings: The principle established in case law (e.g., Mills v Brooker [1919]) is that any part of the tree, including branches and fruit, legally belongs to the owner of the tree. Therefore, when you cut the branches, they remain the property of your neighbour. Disposing of them yourself without permission could technically be considered theft under the Theft Act 1968, although a prosecution is highly unlikely.
• Trespass and Fly-Tipping: While the trimmings belong to your neighbour, simply throwing them over the fence onto their land could be considered trespass. Furthermore, dumping them improperly on the shared lane or elsewhere could be seen as fly-tipping under the Environmental Protection Act 1990. The correct procedure is to offer the trimmings back to your neighbour. If they refuse to take them, you may need to arrange for their disposal yourself to avoid further legal complications.

If you are the complainant

If you are in Mr. Sharma’s position, you should first try to speak with your neighbour, Mr. Gupta. Inform him of your intention to trim the branches overhanging the shared lane. After trimming, politely offer the cuttings back to him. If he agrees, you can place them neatly on his property at an agreed location. If he refuses, for the sake of resolving the matter, it is often best to dispose of the green waste yourself through the local council’s services. Keep a record of your conversations.

If you are the victim

If you are in Mr. Gupta’s position, you should remember that you are responsible for maintaining your trees and ensuring they do not cause a nuisance to others. Your neighbour has a right to trim branches that cross the boundary. As the trimmings are your property, you should ideally accept them back. If your neighbour has damaged the tree excessively or trespassed on your land to do the work, you may have grounds for a civil claim.

How the police behave in such cases

The police will almost certainly not get involved in such a dispute. This is a civil matter between neighbours. Police resources are reserved for criminal offences. They would only intervene if the situation escalates into a criminal act, such as harassment, assault, or significant criminal damage (e.g., deliberately killing the tree). They will advise you to seek legal advice or mediation.

FAQs people normally have

• What evidence is required?
  

  It is wise to gather evidence before you act. Take clear, dated photographs of the overhanging branches to show the extent of the nuisance. Keep copies of any letters or emails exchanged with your neighbour. If you have conversations, make a written note of the date, time, and what was discussed.

  
  
• How long will the investigation take?
  

  As this is a civil issue, there is no formal “investigation” in the police sense. The time it takes to resolve the dispute depends on the cooperation between the neighbours. It can be resolved in a single conversation. If it escalates and requires formal letters from solicitors or court action, it could take many months or even years to fully resolve.

  
  

Consult with Lawyer

The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of 100 GBP to 400 GBP depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored.

Advocate Sudhir Rao, Supreme Court of India