My neighbour’s tree is overhanging my garden: what can I cut back?

Published 25 October 2026

A neighbour’s tree spreading over the fence is one of the most common tree problems in Stockport gardens. The good news is that, in England, you can usually cut back branches that cross onto your land without asking anyone. There are limits, though, and getting them wrong can damage the tree, sour things with next door, or break the law if the tree is protected.

Here’s what you can and can’t do.

You can cut back to the boundary, and no further

The basic rule is simple. If branches from a neighbour’s tree hang over your garden, you can prune them back to the line of your boundary. The RHS describes this as “abating a nuisance”, and you don’t need your neighbour’s permission to do it.

What you can’t do is go past the boundary. Stockport Council’s guidance says the work must stop at the boundary and must be done from your own property. You can’t cut further back to slow down regrowth, and you can’t lean a ladder against the trunk or step onto their land without their say-so.

If the base of the tree sits right on the boundary line, the RHS says it’s treated as jointly owned, so you should agree any work with your neighbour first.

Talk to your neighbour first

You don’t legally need permission to cut back to the boundary, but both Stockport’s and Trafford’s councils recommend speaking to the tree’s owner before you start. It’s their tree, and a conversation now avoids a dispute later. Your neighbour might also be happy for the whole tree to be pruned evenly from their side, which is often better for the tree than having one side cut flat.

The cuttings belong to your neighbour

This catches a lot of people out. The branches you cut off still belong to the tree’s owner. Stockport Council says you should ask whether your neighbour wants them, and if not, you have to dispose of them yourself. Don’t put them over the fence onto their land.

The same goes for fruit. The RHS says you can’t pick fruit from overhanging branches without permission, and windfall fruit still belongs to the owner.

Don’t harm the tree

Your right to cut back doesn’t extend to damaging the tree as a whole. Stockport Council says all work should follow British Standard 3998, the standard for tree work. The RHS warns that if your pruning harms your neighbour’s tree, you could be found negligent.

In practice, this means cutting at sensible points rather than hacking straight down the fence line, and not taking off so much that a tree becomes lopsided or unstable. On a large tree, it’s usually a job for a tree surgeon.

Check whether the tree is protected

All of the above only applies if the tree isn’t protected. If it has a Tree Preservation Order (TPO) or stands in a conservation area, you need the council’s consent, or must give six weeks’ notice, before you cut anything, even branches on your side. Government guidance is clear that a TPO covers the whole tree.

Around our area, that means checking with the right council: Stockport for Bramhall, Marple, Hazel Grove and Bredbury; Cheshire East for Wilmslow, Poynton and Knutsford; Trafford for Altrincham; and Tameside for Hyde and Denton. Our guide to whether you need permission to cut down a tree in Stockport explains how to check each council’s map.

Nesting birds

The Wildlife and Countryside Act 1981 makes it an offence to intentionally damage or destroy the nest of any wild bird while it’s in use or being built. That applies to your neighbour’s branches as much as your own trees, so check carefully before cutting, especially in spring and summer.

What about roots?

The RHS says you have the same rights over roots as over branches. But it also urges reasonable care before cutting roots, because cutting the wrong ones can make a tree unstable or kill it. If roots are lifting a patio or you’re worried about your house, get advice before cutting. If you think a tree is causing subsidence, speak to your buildings insurer.

Light, leaves and views

• Light: Stockport Council says there’s no legal right to light in a garden. The RHS notes the Rights of Light Act 1959 can apply to windows of buildings that have had light for 20 years, but it rarely covers trees.
• Leaves: the RHS says a tree’s owner doesn’t have to sweep up leaves that fall into your garden. If leaves are causing damage, such as blocked drains, write to the owner.
• Tall evergreen hedges are different. If a line of two or more mostly evergreen trees or shrubs over two metres high is blocking light, you may be able to complain to the council under the high hedges rules. You have to try to sort it out with your neighbour first, and councils usually charge a fee.

What if it’s a council tree?

If the tree is on council land, contact the council rather than your neighbour. Stockport Council won’t prune its trees to reduce leaf litter, blossom or berries, and treats requests about light case by case. Problems can be reported through its “Tell us about a problem” page.

How our teams help

Our teams prune overhanging branches back to the boundary to BS 3998, from your side, and without damaging your garden or your neighbour’s. We check whether the tree is likely to be protected before quoting, and we’ll talk you through what to say to your neighbour about the cuttings. If your neighbour agrees, a balanced crown reduction or crown lift across the whole tree is often the better long-term fix. See our tree pruning service, or get a free quote.