Neighbour Tree Responsibility in Scotland

Overhanging branches and roots

As a general principle, if a neighbour’s tree overhangs your boundary, you’re normally entitled to cut back the parts that are on your side of the boundary line, up to (but not beyond) that line — this is sometimes called the right to “abate” a nuisance. The same broad principle applies to roots that have spread onto your property. A few practical points that regularly catch people out:

• You should generally offer the cut branches, fruit or timber back to the tree’s owner rather than disposing of them yourself, since they usually remain the tree owner’s property.
• You don’t have an automatic right to go onto a neighbour’s land to carry out the work without permission — if you need access to their side to do the job safely, that needs to be agreed.
• If the tree is protected by a Tree Preservation Order or is in a conservation area, those rules still apply to the work, even though it’s your side of the boundary — see our guide on Tree Preservation Orders in Scotland.
• Cutting back a tree in a way that damages its health, or removes more than necessary, can potentially create its own dispute — it’s worth being proportionate and, for anything beyond light trimming, getting a professional opinion first.

Whose tree is it?

Ownership generally follows where the trunk is rooted, not where the branches or roots happen to reach. A tree rooted entirely on a neighbour’s land is their tree, even if most of its canopy overhangs your garden.

High hedges

Scotland has its own dedicated legislation for high hedge disputes between neighbours — the High Hedges (Scotland) Act 2014. If an evergreen or semi-evergreen hedge over a certain height is blocking light or access to a reasonable degree of enjoyment of a neighbouring property, and attempts to resolve it directly haven’t worked, the affected homeowner can apply to their local council for a “high hedge notice”, which can require the hedge owner to reduce its height. This is a formal process with its own criteria and timescales, and the council — not a tree surgeon — is the decision-maker.

Damage caused by a neighbour’s tree

If a neighbour’s tree or branch falls and causes damage — to a fence, shed, car or building — responsibility can depend on factors like whether the tree was known to be diseased or dangerous beforehand, and this is a matter for the property owners (and often their insurers) to resolve rather than something we can determine on site. We’re always happy to advise on the tree itself, safe removal, and making a situation safe, but liability questions are best directed to your home insurer or a solicitor.

What we do

We regularly carry out overhanging-branch and boundary tree work, and can advise on what’s reasonable and how to approach a neighbour dispute sensibly before it escalates. For high hedge situations, we can advise on the practical side of a reduction, though the formal notice process itself sits with your local council.

Related reading

• Tree Preservation Orders in Scotland
• Trees in Conservation Areas
• Do I need permission to cut down a tree?

This guide is general information, not legal advice — for a specific dispute, especially anything involving damage, liability or a formal high hedge notice, seek advice from your local council or a solicitor. Get in touch for advice on the tree work itself.