Overhanging trees are one of the most common sources of neighbour tension because they sit at the awkward intersection of boundaries, property rights, and practical day-to-day living. Branches cross an invisible ownership line. Leaves block gutters. Roots heave paving. A neighbour wants you to cut back, or you want to cut back—and suddenly the conversation turns into “trespass”, “damage”, and “who owns the tree”.
A boundary surveyor can be extremely helpful when the key issue is uncertainty about where the boundary actually is, or when the tree’s position is close enough to the line that both parties are making competing claims. The surveyor’s job is to bring clarity and evidence so you can deal with the tree issue calmly and proportionately.
1) Why overhanging trees often become “trespass” disputes
When people talk about trespass in a tree context, it usually relates to one of these:
- branches or roots crossing the boundary (physical intrusion onto neighbouring land)
- access onto land to cut back or maintain the tree (entering neighbour’s land without permission)
- the tree’s trunk position being disputed (is it on your land, their land, or straddling?)
- damage allegedly caused by roots or falling branches
The problem is that many households do not know the precise boundary line—so each side may feel the other is trespassing even when the underlying issue is boundary uncertainty.
2) Key questions to resolve early
Before anyone starts cutting, arguing, or instructing contractors, it helps to answer these core questions:
A) Where is the boundary line?
This is often not as simple as “where the fence is”. Fences move over time.
B) Where is the trunk?
The trunk position matters because it generally indicates ownership.
- If the trunk is wholly on one side, it is usually treated as belonging to that side.
- If the trunk straddles the boundary, that can indicate a shared situation in practical terms.
C) What exactly is overhanging or encroaching?
Is it:
- branches over the garden?
- roots affecting paving or walls?
- both?
D) Is access required to manage the tree?
If someone needs to step onto the neighbour’s land, place a ladder, or erect scaffolding, consent becomes a practical issue.
E) Is the tree protected?
Some trees may be subject to a Tree Preservation Order or located in a conservation area. This can affect what work is permitted.
3) When a boundary surveyor is the right next step
You should strongly consider boundary surveyor input if:
A) The tree is close to the boundary and ownership is disputed
If the trunk is near the line, a few centimetres can change the narrative. A surveyor can help establish the likely boundary position in relation to the trunk.
B) The boundary feature is unreliable
For example:
- the fence was recently replaced
- there are signs the fence has moved over time
- hedges form the “boundary” and have grown or shifted
- original markers are missing
C) There are allegations of trespass or encroachment
If the neighbour is claiming:
- the tree is on their land
- your roots/branches are trespassing
- you’ve cut “their” tree
- you’re refusing to deal with an encroachment
…clarity on the boundary and trunk position becomes the foundation for any sensible next step.
D) Damage is being alleged (or you are concerned about risk)
Where damage is claimed—cracked paving, lifted paths, blocked drains, subsidence concerns—the location of the boundary and trunk position can become important evidence.
E) A property sale or planned building work is involved
Tree/boundary disputes can disrupt transactions and building projects. Early surveyor involvement can reduce uncertainty and help avoid escalation.
4) What a boundary surveyor can do in tree-related disputes
A boundary surveyor doesn’t “do tree surgery”. Their value is in establishing the spatial facts and evidence base.
A) Review the documents
They can examine:
- Land Registry title plan and register
- any deed/transfer plans (often more detailed)
- historic plans or conveyance documents (very useful for older plots)
B) Inspect the site
They look at:
- physical boundary features (fences, walls, hedges)
- alignment with buildings and garden structures
- evidence of older fence lines
- the tree’s trunk position relative to markers and features
C) Measure and map
Where precision matters, they may undertake a measured survey to show:
- the likely boundary position
- the trunk position and canopy line
- other relevant site features (paths, walls, sheds)
D) Provide a report and plan
Deliverables often include:
- an annotated plan showing likely boundary position and tree location
- a written report explaining the evidence used and conclusions
- practical recommendations for resolution options
This can help calm conversations and support solicitor advice if matters become formal.
5) Practical steps you can take right now (before it escalates)
Step 1: Don’t rush into cutting
Even if you feel entitled to cut back, acting quickly can inflame relations—especially if the neighbour believes the tree is theirs or the boundary is elsewhere.
Step 2: Photograph everything
Take dated photographs showing:
- the trunk position from multiple angles
- the fence/wall line
- where branches overhang
- any signs of damage (uplifted paving, cracked walls, blocked gutters)
Step 3: Gather your documents
- title plan and register
- any old plans from your purchase
- historic photos (sometimes show old boundary markers)
Step 4: Ask your neighbour what their concern is (in writing if possible)
Keep it calm and factual:
- what do they want done?
- what are they relying on (plan, fence line, survey, old agreement)?
- are they alleging damage or simply overhang nuisance?
- do they believe the tree is on their land?
Step 5: Check for tree protections
If the tree might be protected, check with the local authority before any work is commissioned.
6) Common outcomes (and how to keep them sensible)
Outcome 1: Boundary and ownership are clear
If the evidence clearly supports one side, you can then deal with the overhang issue more confidently and proportionately.
Outcome 2: The tree is very close to the line and evidence is mixed
This is common. In these cases, the best solution is often a practical agreement about maintenance rather than a fight about centimetres.
Outcome 3: The tree straddles the boundary
This can require a more cooperative approach. Practical maintenance agreements are usually key here.
Outcome 4: Damage is alleged and positions harden
If damage claims arise, it becomes even more important to:
- document condition
- clarify boundary and trunk position
- take professional advice (surveyor + solicitor as appropriate)
7) How surveyor input helps prevent a wider boundary dispute
The danger with tree arguments is that they spill into broader issues:
- “your fence is wrong too”
- “your shed is over the line”
- “you’ve always used that strip”
A boundary surveyor can help keep the focus on evidence and reduce the chance of a tree issue turning into a full boundary dispute.
The takeaway
Overhanging trees can lead to trespass allegations, but the real issue is often boundary uncertainty and unclear ownership. If the tree is near the boundary, damage is being alleged, or the neighbour is making strong claims, a boundary survey can provide the clarity needed to resolve matters calmly and avoid escalation.
Need boundary surveyor help with a tree and trespass concern?
Email mail@howorth.uk or call 07794 400 212. Tell us the property location, whether the trunk is close to the boundary, what the neighbour is alleging (overhang, roots, damage, ownership), and whether any work is planned. If you can, share your title plan and a few photos showing the trunk, fence line, and overhang—we’ll advise the best next step and whether a boundary survey would help you move forward with confidence.