Overhanging Tree Branches – Your Rights and Responsibilities in North & South Lanarkshire

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Overhanging Tree Branches – Your Rights and Responsibilities in North & South Lanarkshire

One of the most common disputes between neighbours in Lanarkshire relates to overhanging tree branches. Whether a tree is casting unwanted shade, dropping leaves in a gutter, or simply overstepping its boundary, knowing your legal rights and responsibilities is essential before taking action.

At Excelsior Tree Surgery, we often help property owners across North and South Lanarkshire resolve these issues safely and legally. Here's a complete guide to handling overhanging branches the right way.

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What Are Overhanging Branches?

Overhanging branches occur when a tree growing on one property extends its limbs or canopy across the boundary line into another. This could affect gardens, driveways, roofs, or utility lines—and while it may seem like a nuisance, it's a situation governed by clear legal principles in Scotland.

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Your Legal Right to Cut Back Overhanging Branches

In Scotland, you are legally entitled to cut back overhanging branches that encroach onto your property up to the boundary line—but not beyond. You don’t need permission from your neighbour to do this, as long as you:

Don’t trespass onto their land

Don’t damage the tree

Don’t affect its long-term health

Important: If you remove branches and cause the tree to become unstable, or if you trespass to do so, you could be liable for damages.

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What to Do Before Cutting Overhanging Branches in Lanarkshire

1. Check for a Tree Preservation Order (TPO)

Use North or South Lanarkshire Council’s online map tools or contact their planning departments

If the tree is protected, you must apply for permission before cutting

Fines of up to £20,000 can apply for unauthorised work

2. Check if You’re in a Conservation Area

All trees in Conservation Areas are protected (if over 75mm in diameter at 1.5m height)

You’ll need to give 6 weeks’ notice to the council even for branch trimming

3. Speak to Your Neighbour

While not a legal requirement, discussing the issue with your neighbour can avoid future tension. They may agree to professional pruning or even cover the cost.

4. Hire a Professional Tree Surgeon

Tree pruning can be dangerous, especially with tall or awkwardly positioned trees. We carry out safe, legally compliant branch reduction without risking the health of the tree or your relationship with your neighbour.

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Who Owns the Cut Branches?

Technically, the branches you remove still belong to the tree owner. You should offer the cuttings back to them. If they don’t want them, you can dispose of them lawfully. Don’t simply throw them back over the fence—that could be seen as fly-tipping.

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Can I Be Forced to Cut Back My Tree?

If your tree is overhanging and causing damage—such as blocked gutters, broken fences, or loss of daylight—your neighbour can ask you to cut it back. If you refuse, they may:

Cut it back themselves to the boundary line

Seek legal advice or mediation

Contact the council if the tree poses a public safety risk

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Council Involvement in Lanarkshire

The local authorities in North and South Lanarkshire generally won’t intervene in private disputes unless:

The tree is dangerous or unstable

It’s obstructing a public highway or footpath

It's subject to a TPO or Conservation Area rules

In such cases, the council may issue enforcement notices or recommend emergency action.

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Why Choose Excelsior Tree Surgery for Overhanging Branches?

We offer trusted, insured, and qualified tree surgery services throughout Lanarkshire, including:

Overhanging branch removal

Crown reductions and shaping

Tree safety inspections

TPO and Conservation Area applications

Whether you're a homeowner, landlord, or commercial property owner, we help you stay safe, legal, and neighbourly.

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Conclusion

Overhanging branches can cause frustration, but with the right approach, they can be handled fairly and safely. By understanding your rights and responsibilities—and using a professional tree surgeon—you can resolve the issue without conflict or legal trouble.

Need help dealing with overhanging branches?

Contact Excelsior Tree Surgery today for expert advice and a free consultation across Hamilton, Motherwell, East Kilbride, Larkhall, and Uddingston.

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