This is a very common question. A
person cannot make an adjoining property owner cut the trees per se but please
see my later comments about trespass and nuisance.
Consent is needed to trim
deciduous trees which are protected by a Tree Preservation Order and a licence
may be needed to fell trees which are not protected by a TPO.
Evergreens cannot usually have a
Regarding evergreens, a complaint
can be made to the council and they will deal with them under the nuisance tree
legislation but only with regard to the height. They want £300 fee to start the process and if they
find that the trees are a nuisance, they can compel a tree owner to cut them
down to 2 m high.
With regard to branches and roots
growing over the boundary,(deciduous or evergreen) these are nuisance and
trespass. The overhanging pieces can be chopped off as can roots growing
underground but they do not belong to anyone other than the tree owner, so the
pieces should be given back although if they are unceremoniously dumped over
their hedge without warning, it is not good for already fraught neighbour
The following are links will give
you some reading with regard to high hedges and nuisance trees. Don't worry
about where the sites are geographically because the rules apply nationwide.
This is however not evergreen so
whilst you can trim overhangs you cannot compel her to cut it down to 2m high.
A court case could costs
£5,000-£10,000 if you lose although you can get costs awarded if you win.
Can I assist
further or clarify anything for you?
don't forget to positively rate my answer service (even if it was not what you
want to hear). If you don't rate it positively, then the site keep your deposit
and I get 0 for my time. It is imperative that you give my answer a positive
rating. It doesn't give me "a pat on the head", "good boy" (like ebay), it is
If in ratings you feel that you expected more or it only helped a little,