While many homeowners know they can legally cut or prune a tree that is overhanging their garden, they may not be aware of a law which states they must offer the tree cuttings back
Gardeners have been issued a warning that cutting trees in their own gardens could lead to an unexpected visit from the police – all due to a little known regulation tied to backyard upkeep. Trees are the crowning glory of many a garden.
They not only add visual charm, but they also offer seclusion, serve as sanctuaries for birds and critters like squirrels, and are crucial players in our ecosystem by turning carbon dioxide into life-sustaining oxygen. But because they can grow fordecades or even centuries on end, trees can cause problems over time if not carefully managed, with roots creeping into house foundations or branches snapping and falling into roads.
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Issues can arise particularly when trees sit on the dividing lines between adjoining properties.
While most green-fingered enthusiasts are aware that it’s perfectly within the law to trim or prune branches overhanging into your patch from next door’s tree – as long as you remain grounded in your own plot while you do so – what often escapes attention is the obscure legal requirement to proffer any lopped off branches back to the owner of the tree; simply discarding or shredding them won’t do.
Although it’s best practice to give your neighbour a heads-up before embarking on such arboreal alterations, legally, you’re bound to present them with the resulting tree offcuts regardless.
Kirklees Council states: “If a tree or hedge is unprotected, you can prune branches that overhang your land and the roots growing beneath your land.
“You do not need the owner’s permission, but you must not trespass onto their land. You must offer to return the cut branch wood and any fruit which is attached or has fallen onto your land.”
The Royal Horticultural Society said: “Your actions are classed as ‘abating a nuisance’ which does not require permission. Only in situations where you need access to their land to undertake the work would permission be required.
“Once branches are cut off they should be offered back to the tree owner. If the owner doesn’t want them then you will be responsible for disposing of the prunings; you can’t simply throw them over the boundary into your neighbour’s garden.”
Should you help yourself to tree branches, you may find yourself accused of theft, reports the Express. The Theft Act clearly outlines that it’s an offence to pick fruit, flowers, or even branches if the tree isn’t on your property.
Though homeowners might think enforcement is unlikely, if you were to lop off a neighbour’s branches or pinch fruit/flowers from their trees, they have every legal right to demand their return or could justifiably involve the authorities.
