My neighbour’s tree overhangs my garden: what can I cut back?

Published 25 October 2026

Around Swansea, plenty of gardens back onto trees that are as old as the houses. When branches start hanging over your lawn, shed or greenhouse, the first question is usually: can I just cut them off?

Often you can. But there are firm limits, and in Wales the council side of things (protected trees, conservation areas and high hedges) runs under Welsh rules and Welsh guidance. Here’s how it works.

Your right: cut back to the boundary, from your own side

Swansea Council’s guidance for homeowners says you can cut back branches that overhang your land, “provided it is done without trespassing onto the other person’s property”. The legal term is “abating a nuisance”, and the council says it “does not require permission”.

Two things follow from that:

• Stop at the boundary. Carmarthenshire Council’s advice to its tenants puts it plainly: branches can be pruned “back to the boundary of your property but no further”, and the work must be done from your own land.
• Stay on your side. If the job means going into next door’s garden, or putting a ladder or ropes on their side, you need their agreement first.

The same rights apply in Swansea, Neath Port Talbot and Carmarthenshire, because they come from the general law rather than from each council. What changes from council to council is who you contact about protected trees.

Trees that sit on the boundary

If the trunk stands right on the boundary line, Swansea Council says the tree is jointly owned, with both households “classed as tenants in common”. In that case you should get your neighbour’s consent before working on it at all. If you’re not sure whose land the tree is on, the council suggests a surveyor can assess it.

Felling a neighbour’s tree, or a shared one, without permission isn’t covered by your right to cut back. The council says that would amount to trespass.

The branches you cut still belong to your neighbour

Once branches are cut off, Swansea Council says they “should be offered back to the tree owner”, and you “can’t simply throw them over the boundary”. If your neighbour doesn’t want them, you’ll need to get rid of them yourself. The same applies to fruit: you can’t pick apples or plums from overhanging branches without the owner’s permission.

Cut carefully, or you could be liable

Your right is to remove what’s on your side, not to damage the tree. Swansea Council warns that if your work harms your neighbour’s tree, “in law you would be considered negligent”. Taking a big limb off flush with the fence, or removing most of one side of the crown, can leave a tree lopsided, open to decay or less stable.

On anything bigger than light twiggy growth, it’s worth using a tree surgeon who prunes to British Standard 3998, cutting at proper points rather than in a straight line down the fence.

What about roots?

Swansea Council says you have “the same rights (and liabilities)” over roots as over branches. But it also stresses taking “reasonable care before cutting any tree roots”, and recommends professional advice for “anything but the most minor work”. If cutting roots weakens a tree and it later falls, the council says you could be liable for the damage. If you’re worried a tree is affecting your house, get advice before cutting anything.

Check for a TPO or conservation area first

Everything above assumes the tree isn’t protected. A Tree Preservation Order makes it an offence to cut down, uproot, prune, damage or destroy the tree, so pruning overhanging branches still needs the council’s permission first. Swansea Council says trees covered by a TPO or in a conservation area “will require prior consent”. Welsh Government guidance says conservation-area trees need six weeks’ written notice to the council.

Who to ask depends on where the tree is:

• Swansea Council: Swansea, Mumbles, Sketty, Killay, Bishopston, Gower, Morriston, Clydach, Gorseinon, Pontarddulais and Penllergaer. The council has an online TPO map, and a TPO team on 01792 635724.
• Neath Port Talbot Council: Neath, Port Talbot and Pontardawe.
• Carmarthenshire County Council: Llanelli and Burry Port.

Our guide to whether you need permission to cut down a tree in Swansea explains the checks for each council.

Nesting birds and bats

Swansea Council reminds homeowners that the Wildlife and Countryside Act 1981 makes it an offence to damage or destroy bat roosts, or the nest of any wild bird while it is in use or being built. That applies to your neighbour’s branches just as much as your own trees. Look carefully before cutting, especially in spring and summer, and check older branches for holes and cracks.

Leaves, light and tall hedges

• Leaves: Swansea Council says a tree’s owner “is not obliged to clear up fallen leaves”. If leaves are causing damage, such as blocked drains, it suggests writing to the owner.
• Light: the council says there is “no inherent ‘right to light’” in relation to trees or hedges, and the Rights of Light Act rarely applies to trees.
• Tall evergreen hedges are the exception. In Wales, a line of two or more mostly evergreen trees or shrubs over two metres high can be the subject of a high hedge complaint to the council, but only after you’ve tried to sort it out with your neighbour. Welsh councils can charge up to £320 for a complaint, and Swansea Council’s fee is £320. Single trees aren’t covered. See our guide to high hedge complaints in Wales.

If the tree belongs to the council

If the branches come from a council tree, contact the council rather than a neighbour. Neath Port Talbot Council has an online form for reporting an overhanging tree or branch. Carmarthenshire Council tells its tenants it won’t act on neighbouring trees unless a tree is dangerous or damaging property, and won’t prune for fallen leaves or blocked light.

If you and your neighbour don’t agree

Swansea Council notes that a neighbour who simply dislikes how your side looks after pruning has no legal recourse, but suggests a compromise in the interests of good relations, such as sharing the cost of a tree surgeon to shape the whole tree. That’s often the best result for the tree too.

How our teams help

Our teams cut overhanging branches back to the boundary from your side, prune to BS 3998, and clear up afterwards. Before quoting, we check whether the tree is likely to have a TPO or sit in a conservation area. If your neighbour is happy to share the job, a balanced crown reduction or crown lift across the whole tree usually looks better and lasts longer than a flat cut down the fence. See our tree pruning service, or get a free quote.