Why Neighbour Tree Law Matters in Brighton
Brighton’s leafy residential areas are full of mature gardens and shared boundaries — but that also means trees often grow across property lines. When a neighbour’s branches hang into your garden, block sunlight, or drop leaves on your patio, it’s tempting to cut them straight away.
However, before you reach for the saw, it’s important to understand neighbour tree law in Brighton. The law defines what you can and cannot do, who owns the branches, and what your responsibilities are if you decide to take action.
Who Owns the Tree and Its Branches?
Legally, a tree belongs to the person who owns the land where the trunk stands — even if the branches or roots spread into another property.
That means your neighbour technically owns the tree and its overhanging branches. But you have what’s called a common law right of abatement, which allows you to remove branches or roots that cross your boundary line, provided you do so carefully and lawfully.
Your Rights Under Common Law
- You may trim overhanging branches up to the boundary of your property.
- You do not need your neighbour’s consent to do so, but it is considered courteous to inform them first.
- The cut branches still belong to the tree owner and should be offered back, unless both parties agree otherwise.
When You Need Permission Before Cutting
Not all trees can be freely trimmed. In Brighton & Hove, many are protected under Tree Preservation Orders (TPOs) or lie within conservation areas.
If the tree is protected, you must apply for permission from Brighton & Hove City Council before pruning or removing any part of it — even if branches hang into your garden.
Protected Tree Rules
- TPOs: Require written consent for any work, including cutting or lopping.
- Conservation Areas: Require at least six weeks’ written notice before carrying out tree work on trunks over 75mm in diameter (measured at 1.5m height).
Ignoring these rules can lead to fines of up to £20,000 for unauthorised work.
Avoiding Disputes With Your Neighbour
Neighbour disputes over trees can escalate quickly. To keep things friendly and lawful:
- Communicate early – Discuss your concerns and planned actions openly.
- Offer to share costs – If both parties benefit, consider splitting professional fees.
- Keep evidence – Take photos and note conversations in case of future misunderstandings.
- Use professional tree surgeons – They ensure safe, compliant work and proper waste disposal.
What If Roots Are Causing Damage?
Roots growing under fences, driveways, or foundations can create tension between neighbours. The same principle applies: you may cut roots crossing into your land, but only up to the boundary.
However, cutting roots can destabilise or even kill the tree — leaving you potentially liable for damages if the tree dies or falls.
Always consult a qualified arborist before attempting root removal. They can assess risks and recommend safe solutions.
Health and Safety: Why Professional Help Matters
Tree surgery and pruning can be hazardous, especially when working at height or near power lines. The British Standard BS 3998:2010 – Tree Work Recommendations sets out safety and care standards for all professional tree work.
Hiring an NPTC-qualified and insured Brighton tree surgeon ensures:
- Compliance with BS 3998 standards
- Safe pruning methods to protect tree health
- Full public liability insurance coverage
- Correct disposal of green waste and cuttings
Working with a professional not only keeps you safe but also protects you from accidental legal breaches.
When to Contact Brighton & Hove City Council
You should contact the council’s planning department if:
- You suspect the tree is protected by a TPO or within a conservation area
- The tree is causing structural damage to property or public footpaths
- The issue involves a boundary dispute and ownership is unclear
They can confirm the tree’s protection status and outline your legal options.
Liability and Good Neighbour Etiquette
Even if you’re legally entitled to trim overhanging branches, it’s always better to act diplomatically. Returning cut branches, informing your neighbour in advance, and hiring a professional show respect for shared boundaries.
Remember, if your actions harm or kill your neighbour’s tree, you could be held legally responsible for replacement costs or damages.
Quick Checklist Before You Cut
✅ Check for TPOs or conservation area restrictions
✅ Speak with your neighbour first
✅ Hire a professional tree surgeon for safety and compliance
✅ Return cuttings to the owner if requested
✅ Keep records of all permissions and communication
Final Thoughts
Understanding neighbour tree law in Brighton helps you handle overhanging branches responsibly and avoid unnecessary conflict.
By knowing your rights, following council rules, and engaging a professional tree surgeon, you’ll keep your garden tidy, your neighbourly relations positive, and your actions completely legal.
If you need help with TPO checks, pruning advice, or lawful tree trimming, contact your local expert at Brighton Tree Surgeon today for friendly, compliant assistance.
