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Can I cut back a tree which overhangs my garden? much of the bulk of the 40' tree crosses over my fence
A neighbours tree of approx 40ft high leans over to the extent that apart from some branches, the whole of the tree above the fence line is over my property. There is no specific order on this tree to my knowledge. Subject to your reply I will check with the local authority. Am I allowed to cut this down? Do I need to notify my neighbour of my intention? Can I lean over the fence to cut it off square or would I have to slice it down level with the fence?? At this point I have not mentioned anything to the neighbour and our relationship is on a nodding relationship only but I think she will object. There would be no privacy issue as this tree breaks into a line of established fir trees in my garden and has stunted the growth of the line. These fir trees are approx 25ft and have been topped. The houses at the rear have sloping gardens approx 50 -60ft long and 25ft lower at the housing line.
In theory you are entitled to lop any branches intruding into your garden but in this case this would appear to mean effectively destroying your neighbours tree.
Your neighbour may take exception to this and it is usually better to adopt an emollient view in neighbour disputes which can lead to reprisals and quickly get out of hand.
We are reluctant to give definitive advice without pictures and would suggest you approach your neighbour first and revert to us if a dispute arises.
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