What should I do if my neighbours tree is growing over into my property?

There is no legal obligation in deed or finance upon the tree's owner to cut growth back from a neighbour's property. You have the common law right to remove the offending vegetation (that being any material part of the tree above or below ground that encroaches into your property) back to the common boundary and no further. Encroachment or works by persons not authorised beyond the common boundary may constitute trespass and/or criminal damage.

However, if the tree is causing a legal nuisance i.e. damage, injury or loss of reasonable use and enjoyment of your property, then you have grounds to request the courts to serve an abatement notice upon the tree owner. Failure to comply with such a notice could lead a criminal prosecution.

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