Who really owns the tree or hedge between your house and your neighbour's? Here's what you need to know

Is there a tree overhanging your garden, or is a hedge causing a little issue with your neighbours?

Who owns a tree and/or hedge between two houses can be a contentious problem to deal with and is similar to 'who owns a fence', especially when the boundary is unclear – the 'left-hand rule' is now deemed a widespread property myth, where we all thought that the left side of our gardens was ours.

So how do we find out who owns the tree or hedge, and what other issues can arise in this situation? We ask our experts who give us the lowdown on what's what.

1. Establish ownership

Determining ownership is the first port of call before anyone can move forward if the tree or hedge has become a problem.

'The place to start when trying to find out who owns a tree or hedge is to check your house deeds – which you can do by using the HM Land Registry,' advises Lucie Bradley, gardening and greenhouse expert at Harvst Automatic Watering. 


Lucie explains, 'When you check your house deeds you should find boundaries marked with a thick red line which outlines the general extent of your property, though this is not millimetre precise. However, you can also look on the deeds for ‘T’ marks, which you should see on the inside of the boundary line – if the ‘T’ is on your side, then you are responsible for that boundary feature – whether it’s a fence or wall. You may also see two ‘T’ marks placed next to each other on a boundary line - so they form a ‘H’ and this indicates that you share responsibility.'

This is the best place to start, but not always as straightforward as we might like.

2. Trunk positioning

The key is to determine where the trunk or main stem sits in relation to the legal boundary.

Kara Gammall, home insurance expert at MoneySuperMarket says, 'If the trunk is entirely on one property, the tree will generally belong to the owner of that land, even if its branches or roots subsequently grow into a neighbour’s garden.'

It’s also worth remembering that the position of a fence isn’t necessarily definitive proof of the legal boundary – you don't want to break the law in your own garden. 'Over time, fence boundaries can move, so check the property deeds or any historic documents before assuming anything,' advises Kara.

3. If it straddles the boundary line

'If the trunk straddles the boundary, establishing ownership can be more complicated,' says Kara.

In this instance, it can be worth talking to your neighbour to see if you can come to an agreement.

'You can also inspect the hedge or tree to work out, according to the border of your property, if its base or main stems are planted on your side,' suggests Lucie. 'If it is half on your side and half on your neighbour's, then this implies it is a ‘shared’ item, and you should make an agreement with each other regarding its care or whether it needs heavy pruning or removal, and you both need to agree before carrying out any irreversible changes.'

4. Encroaching branches

This can be a common problem, especially during spring and summer when trees and hedges become more lush.

'If your neighbour’s branches or roots are growing over your boundary, you generally have the right to prune a tree back to the encroaching growth on your side of the boundary,' advises Kara. 'However, you shouldn’t cross onto your neighbour’s land or cut anything beyond your boundary without permission. It’s also sensible to speak to your neighbour before carrying out work, particularly where substantial pruning could affect the health or stability of the tree.'

Another thing to consider is if your neighbour has a fruit tree and they aren't picking up the fruit, as it can become a pest issue.

5. Protected trees

'It’s also worth remembering that you can’t legally ask your neighbour to cut down or prune part of a healthy tree just because you don’t like the appearance,' shares Kara. 'Some trees may be protected by a Tree Preservation Order (TPO).'

Ian Wilson, managing director and home insurance expert at Tiger.co.uk, agrees, 'Checking whether a tree is subject to a Tree Preservation Order (TPO) is essential, as pruning a protected tree without permission can lead to serious legal consequences and fines of up to £20,000. Another thing to be aware of is if birds are nesting, as it is illegal to disturb or harm nesting birds under the Wildlife and Countryside Act 1981.'

You can find out if the tree has a TPO attached to it via your local council; they should have a section on their website for Tree Preservation Orders and Conservation Areas. You then type in your postcode, and it should show up if there are any. Or try TPO Checker which will give you an approximate idea, but you will still need to contact your local council for more specific details.

Tree and hedge pruning essentials

'Ultimately, where a tree sits directly on a boundary, or there is disagreement over who owns it, it’s better to establish the legal position before carrying out any work,' advises Kara. 'A conversation with your neighbour and any documentation can help prevent any disputes.'