Overhanging tree branches

Where a tree (or other vegetation) overhangs your house boundary the following advice is available:

If the vegetation encroaches upon a building the tree owner has a ‘duty’ to remove the legal nuisance. This is a civil matter and does not involve the district council in negotiation with the neighbour involved.

It may be necessary for you to submit a conservation area notice or tree preservation order (TPO) application, however, reasonable works would not be prevented. We do not enter in to negotiations on your behalf.

If the vegetation simply encroaches upon the airspace of your garden you may prune back to the boundary at your own expense, but no further without the express permission of the tree owner. You / your contractor cannot enter the neighbouring land (to climb the tree) without the land owner’s agreement. 

The timber does, however, belong to the tree owner and should first be offered back to them. They should indicate where it should be conveniently placed.

If it is unwanted you or your contractor should arrange for the timbers proper disposal.

It would not be reasonable to carry out the work and simply return the timber over the boundary. They may not take kindly to such action. Please consider your position if the situation were reversed. Your own legal adviser can explain the situation further and the options available to you.

More information on the maintenance of trees and hedgerows.

Contact us

Newark and Sherwood District Council
Kelham Hall
Kelham
Newark
Notts
NG23 5QX

customerservices@
nsdc.info

01636 650000

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    Newark and Sherwood District Council
    Kelham Hall
    Kelham
    Notts
    NG23 5QX

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