Gardeners are being warned they could find themselves reported to the police by their neighbours due to a little-known law concerning tree cutting in gardens. Trees, an essential part of most gardens, not only enhance the beauty and provide privacy and shade but also offer a habitat for wildlife and play a crucial role in converting carbon dioxide into oxygen.

However, trees can become problematic over time if not managed properly, with roots potentially damaging house foundations or branches falling onto roads. A common issue arises when trees straddle property boundaries. While gardeners may know it’s legal to trim or prune any part of a tree that overhangs into their garden from next door, provided they remain within their own property while doing so, many are unaware of a lesser-known law.

This law stipulates that any cuttings from the tree must be offered back to the neighbour they cannot simply be discarded or turned into wood chips, reports the Express. It is considered good practice to notify your neighbour before carrying out any work on overhanging branches, even though permission isn’t required. However, legally, you must give them the option to reclaim the pruned branches afterwards.

As stated by Kirklees Council: “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 backed by the Royal Horticultural Society which adds: “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.”

If you take away tree branches, you could be charged with theft. Of course fruit on trees can be vulnerable, and back in the day many will have used tree branches for firewood, and this law still persists from a time when trees could be a valuable resource even for individuals.

Technically, it’s not your property to take even if it overhangs your garden. The Theft Act makes it a criminal offence to pick fruit, flowers or even branches from a tree that is not on your property. While homeowners will not have to worry about measures being taken to this extreme, but if you cut down a neighbour’s branches or take fruit/flowers from their trees, they are legally entitled to ask you to return them or they are well within their rights to call the police.