Homeowners issued warning over little-known tree law during July and August

Daily Mirror

6 days ago

When it comes to trees in your garden, there's a whole host of laws and regulations to be aware of - but there's one little known rule that gardeners must follow
Garden enthusiasts, take heed: you might unwittingly be on the wrong side of the law due to an obscure regulation concerning tree trimming in your own backyard. Trees are undeniably a crucial element of many gardens. They're not only aesthetically pleasing but also offer privacy and shade, serve as a sanctuary for wildlife such as birds and squirrels, and play a pivotal role in converting carbon dioxide into oxygen, thus benefiting the environment.
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However, given their potential to live for scores of years or even centuries, trees can become a source of strife if not properly tended to, with roots encroaching on building foundations or branches breaking off and obstructing roads.
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Disputes can particularly ignite between neighbours when it comes to trees straddling property lines. While most gardeners are aware that it's perfectly lawful to trim or prune branches overhanging into your plot from next door's tree, provided you remain within your property to do so, what often goes unnoticed is a lesser-known statute stipulating that any offcuts must be offered back to the owner of the tree – simply discarding them or turning them into wood chips isn't an option.
It's considered courteous to notify your neighbour before embarking on any arboreal alterations to overhanging limbs – permission isn't necessary, but by law, you're obliged to present the pruned material to your neighbour regardless, reports the Express.
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Kirklees Council stated: "If a tree or hedge is unprotected, you can prune branches that overhang your land and the roots growing beneath your land. You do not need the owner's permission, but you must not trespass onto their land. You must offer to return the cut branch wood and any fruit which is attached or has fallen onto your land."
This is supported by the Royal Horticultural Society, which states: "Your actions are classed as 'abating a nuisance' which does not require permission. Only in situations where you need access to their land to undertake the work would permission be required."
"Once branches are cut off they should be offered back to the tree owner. If the owner doesn't want them then you will be responsible for disposing of the prunings; you can't simply throw them over the boundary into your neighbour's garden," the site added.
Should you remove tree branches, you risk being accused of theft. Technically, it remains someone else's property even when it hangs over your garden.
Naturally, fruit from trees can hold considerable value, and historically many people relied on tree branches for fuel - and this legislation continues from an era when trees represented precious resources.
The Theft Act makes it a criminal offence to pick fruit, flowers or even branches from a tree that is not on your property. Whilst it's doubtful you'll end up behind bars for a handful of branches, should you remove a neighbour's branches or take fruit and flowers from their trees, they have every legal right to demand their return.