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Action you can take if a neighbour's tree overhangs your garden – and who has to foot the bill
AN expert has revealed what you should do if a neighbour's tree overhangs your garden, and who has to pay for it.
With temperatures in the UK skyrocketing this week, plants and trees across the country will be seeing vigorous growth.
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And although many gardening fans will likely be delighted with the rapid growth of their prized plants, some trees and hedges may end up growing into the neighbour's garden.
In order to prevent overhanging branches turning into furious rows between neighbours, Natalie Welsh, head of property at HCB Widdows Mason shared what your rights are in this tricky situation.
"It can be really frustrating when branches or plants from your neighbour's garden start to spill over into your space", she said.
"In England and Wales, you're allowed to cut back any branches that cross onto your property, but only up to the boundary line.
"Just make sure you don't step onto your neighbour's land or damage the tree itself."
When trimming a tree back, you are not allowed to lean into your neighbour's garden, since that can be considered trespassing.
Natalie advised that before taking any drastic action, it's best to have a friendly chat with your neighbour first.
Politely explain to them that the overhanging branches are a problem for you, and let them know that you plan to cut them back.
If the branches are overhanging onto your side, you're responsible for the cost of having them removed, not your neighbour", Natalie continued.
"Once you've cut them back, you're also responsible for getting rid of the branches properly."
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Natalie revealed that the cut-back branches actually belong to your neighbour, so you can offer to return them to them after you have chopped them down.
However, you cannot throw them over the fence into your neighbour's garden, as this is classed as fly-tipping, which is illegal.
"If your neighbour doesn't want the trimmings, then it's down to you to dispose of them responsibly, whether that's your garden waste bin or taking them to the recycling centre", the expert said.
"In most situations, a friendly word with the neighbour may help establish views of ownership over any respective boundary in question and avoids any disputes or misunderstandings later.
I had a two-year bin war with my next door neighbour
Gemma Smith and Sophie Wood were engaged in a weekly feud for a year over their wheelie bins.
When Gemma moved next door to Sophie, 34, who is unemployed, in November 2020 they were civil to one another.
Gemma, who is single and doesn't work due to stress, says: 'Sophie seemed nice and we'd stop and exchange pleasantries.
'But it all changed at the beginning of 2022, when Sophie's bin was full and she put her rubbish bag in mine.
'I took it out and put it on top of her bin.
'It fell off, gulls pecked at it and there was rubbish everywhere.'
Both women refused to clear up the mess, claiming it was the other one's fault.
Gemma says: 'I felt so angry.
'There was cat litter spread all over my drive — it was absolutely disgusting and we ended up shouting at each other.
'We were both as bad as each other — we'd walk past each other and I'd tell her she was a lazy cow and to clean up after herself.
'We'd scream insults at each other."
Within six months Sophie had set up a CCTV camera and threatened to report Gemma to the council.
In retaliation, Gemma set up the baby monitor — which can record video — to try to pin more wrongdoing on Sophie.
Then last July Sophie spotted Gemma in tears on her doorstep following a burglary at her home.
Gemma says: 'Sophie came straight round and asked if there was anything she could do.
'We are now the best of friends and help each other out all the time."
"Boundary disputes can often become costly and acrimonious - if you're not sure about your rights or think things might get tricky, it's a good idea to speak to a legal expert first."
If you take fruits from your neighbour's trees without permission, it could potentially be classified as theft or trespass, depending on the circumstances and the value of the fruits.
The penalties for theft or trespass can vary.
In the UK, for example, penalties for theft can range from fines to imprisonment, depending on the severity of the offence and the value of the items stolen.
It's important to remember that taking someone else's property without permission is illegal and can lead to legal consequences.
Penalties can also include community service orders, injunctions, or in extreme cases, imprisonment.
