Overhanging tree branches across 3 properties

30th Apr 2019

A tree belongs to A. neighbour B wants to cut overhanging branches which end in neighbour C but C wants to keep his overhang. Can B deprive C of the overhang creating shade which C enjoys?

CATEGORY: Conveyancing & Property

LOCATION: KENT

1 answer
  • ISC Lawyers LLP

    A landowner has the right to cut branches which overhang his property, although he does not own what is cut off, so it would be best for B to ask A whether he wants it returned. He probably won't and B will be entitled to dispose of it.

    B owes no duty to C to preserve his shade.

    However, it may be that the tree in question is protected by a tree preservation order, in which case it may be a criminal offence to cut the branches without the local authority's permission and B should check with the local authority before carrying out the work.

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    ISC Lawyers LLP

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