A homeowner in England is trying to force her local county council to trim back willow trees it planted on the boundary of her garden, after the authority said it could not afford to carry out the work this year, in a query put to the personal finance website This is Money.
The woman said she has lived at her address for 28 years. The land behind her garden is owned by the county council, which demolished a residential care home there 20 years ago and replaced it with a children's special needs respite and day care centre. The council then planted willow trees on the border of her property against her wishes.
She said the council used to maintain the trees at her request, keeping them at a reasonable height, but has now let them grow out of control so that they overhang and shade her garden. The council previously agreed to cut the trees back when asked, but this year refused, citing a lack of funds. She has also raised concerns with the council about the risk of wildfire from the overgrown trees.
Willow Trees Can Grow To 12 Metres
Jane Denton, of This is Money, said willow trees are fast-growing and often suited to larger gardens. According to the Royal Horticultural Society, they can grow up to about eight metres wide and 12 metres high.
Denton said the reader's council has a budget gap of more than £50million for 2027-28, despite budgeting for almost £90million in savings in 2026. She said many households in Britain are facing pared-back or non-existent council services, and that the overhanging willow trees are symptomatic of broader council cutbacks.
Limited Rights To Force Action
Denton said homeowners generally cannot force a neighbour, including a council, to cut down overhanging branches or reimburse them for having it done themselves. She said the only way to compel a landowner to act is if, for example, the tree is causing damage to a property.
One option, she said, is to trim the sections of the willow trees overhanging within the garden's own boundary. Homeowners cannot go onto a neighbour's property and trim from that side, and the council still owns the trees. Branches or roots crossing the boundary can be cut back to the boundary line, with the cuttings offered back to the owner, but Denton noted that this deals only with the overhang, not the whole tree.
A Boundary 'Like A Laser Beam'
Denton put the reader's question to two solicitors. James Naylor, a partner at Naylor Solicitors LLP, said a boundary in theory runs down to the centre of the earth and up to the sky, and can be pictured as an invisible vertical line, "like a precise line with no thickness or width."
"Imagine a laser beam projecting vertically upwards from the boundary," Naylor said. "If a branch extends across that boundary and passes through the laser beam, the neighbouring owner is generally entitled to cut it back to the boundary without first obtaining permission and generally without any obligation to give notice." He said the work must be carried out from the homeowner's own land, without trespassing onto the council's property.
Naylor said the reader appeared to be entitled to cut back any of the council's branches, but only to the boundary line and no further. Any branches cut from the willow remain the property of the council and should be offered back, he said, and the same principle applies to any fruit attached to them. Naylor said willow trees do produce fruit, "albeit only in the botanical sense rather than the one most gardeners would have in mind."
He added that the trees having overhung the boundary for more than 20 years does not remove this right. Wider remedies may be available where a tree causes actual damage, such as physical damage to a neighbouring property or injury to livestock, though he said the latter was "unlikely to feature here." Going to court to intervene remains an option, Naylor said, but is likely to involve considerable time and expense.
Preservation Orders And Wildlife Law
Naylor cautioned that his advice assumed the willow trees are not subject to a Tree Preservation Order and are not in a conservation area. Trees under a Tree Preservation Order generally need the local planning authority's consent before pruning, he said, while works to trees in a conservation area generally require prior notice to the authority. Wildlife legislation may also apply, particularly if nesting birds or protected bats and their roosts could be affected.
On the fire risk, Naylor said cutting back the lawful overhang may help, and that the law of nuisance may in some cases provide wider court-based remedies if vegetation poses a serious and continuing risk of damage. "The council may own the tree, but its branches do not acquire squatters' rights over your garden," he said. "Once they cross the boundary, they are generally fair game for the secateurs."
Second Solicitor Points To High Hedge Rules
Joanne Ellis, a partner and head of the consumer land team at Stephensons, said there is generally no legal obligation on a landowner to prune or reduce the height of trees simply because they cast shade or have grown larger than neighbours would like. But she said that does not leave the reader without any rights.
Ellis said branches physically overhanging the property can usually be cut back to the boundary line, provided the work is done carefully and does not damage the trees. She recommended notifying the council before carrying out any work, particularly as trees may be subject to additional protections.
If the trees are significantly blocking light, Ellis said it may be worth checking whether they fall within high hedge legislation. She said individual trees are treated differently from hedges, but local authorities can investigate certain complaints where evergreen or semi-evergreen screening vegetation is adversely affecting residential properties. If the trees block a legal right to light, create a legal nuisance, or breach a covenant in the deeds, she said the reader may have grounds for civil action.
On the wildfire concerns, Ellis said the council, as landowner, has a duty to take reasonable steps to manage foreseeable risks arising from its land. If there is evidence the council's failure to maintain the trees is creating a genuine safety hazard, she said this should be raised formally and in writing, with a request that the council explain the basis of its risk assessment. If that fails to resolve the issue, she said, further legal advice can be sought on nuisance or safety grounds.
