East Cambridgeshire District Council

My neighbour's tree is a nuisance, what can I do about it?

Not all things that you may think are a nuisance are actionable nuisances in law. For example, your neighbour’s tree leaf litter may be a nuisance to you each autumn but this it is not an actionable nuisance; a tree may cast shade into your property but that is not an actionable nuisance. It is advised that you talk to the tree owners and raise your concerns with them in the first instance.

However, if the tree is causing damage to your property then that may be an actionable nuisance and you are advised to contact your property insurers or seek legal advice. The Citizens Advice Bureau may be able to help.

If the tree overhangs your property, and it is NOT a protected tree then you may remove the overhang at the vertical boundary and return all the arisings in a neat pile to the land where the tree is situated. It is advised that you inform the tree owner of this before you begin any tree work as they may wish to make alternative arrangements with you.

If considering any pruning of tree roots on your land, do take professional aboricultural advice first, as you may render the tree unstable or cause its death.

All tree/root pruning of protected trees requires prior consent from the Council.

My neighbour's tree overhangs my property. Can I prune the tree?

If the tree is not protected, you are entitled to prune back any overhanging branches to your vertical boundary and by law should offer to return the prunings to the tree owner.

The Council strongly advises you to contact or talk to the tree owner before pruning the tree, as they may wish to make alternative arrangements with you.

If a tree is protected by a Tree Preservation Order or is within a Conservation Area then you must apply to the Council for permission to prune the tree. An application form is available to download, or alternatively can be submitted via the Planning Portal.