Overhanging trees - common law rights
What to do if a tree from a cemetery is overhanging on your property.
How to remove overhanging branches
The policy for cemetery trees is to let them grow unrestricted to their natural, ultimate size.
You can find out more about how the council maintain our trees and hedges, but bear in mind that this information refers to street trees only.
Although we do not undertake works to trees for reasons of overhanging or shading to gardens, under common law, neighbours may prune back any overhanging branches to your boundary. There are restrictions to this rule and you should not:
- prune a tree that is covered by a tree preservation order (TPO)
- prune a tree where to do so may be to the ultimate detriment of the tree (as in, likely to kill it)
- reach across the boundary to continue pruning as this would become trespass
- take anything off the height of the tree
The cemeteries team don't require you to return any prunings you make, and it is your responsibility to dispose of any green waste from the tree work.
Due to the risks involved in tree pruning, we advise that you hire professional, insured contractors to carry out any work, unless it's very minor.
You'll need to notify us if and when you plan on carrying out any work. A cemetery is a sensitive site where funerals may be taking place and noisy works should be planned not to clash with these sensitive events.
Elm trees
If the tree is an elm tree please read the information about elm disease before carrying out any works.