Could You Be Breaking The Law In Your Own Garden?


Laws around gardening can be quite complex so gardeners across the UK can be forgiven for finding them a little confusing. It has been revealed that thousands of UK gardeners could be breaking the law without even realising it. This is why our team at Boardway Tree & Ground Care have put together this helpful guide on 7 of the most unknown gardening laws to help people understand what they should and shouldn’t be doing in their garden.

7 Unknown Gardening Laws

  1. Overhanging Branches – If branches from a neighbour’s tree overhang into your garden you can trim them, but only up to the property line. You are not aloud to lean over into your neighbour’s garden to do this as this would be classed as trespassing. And if the tree is covered by a tree preservation order you cannot trim them at all.
  2. Flowers and Fruit – Even though you are aloud to trim the branches of a neighbour’s tree that is overhanging in your garden, any flowers or fruit on them still legally belong to your neighbour and they are within their rights to demand them back. Any flowers or fruits that have fallen into your garden from a neighbour’s tree cannon be thrown back into their garden without their permission as this would classify as garden waste fly tipping.
  3. Windfalls – any fruits that have blown off a neighbour’s tree into your garden it technically still theirs, so if you wish to keep it you will need to ask their permission.
  4. Fallen Leaves – Any fallen leaves in your garden are not the tree owner’s responsibility to clear.
  5. Light Blocking Trees – An Act known as The Right of Light Act prevents anyone from planting a new tree that would block light from a window that has received natural light for 20 years or more.
  6. Boundaries and Fences – This can be a tough issue to resolve. The deeds to the house should highlight who owns the fences and is responsible for the boundaries, however there is no legal requirement for them to be maintained unless it states otherwise in the deeds. Overtime boundaries can move and often lead to disputes. If you have a boundary dispute, then you should contact HM Land Registry to help resolve it.
  7. Hedges – If a hedge is growing along the boundary of two gardens, then both neighbours are responsible for its upkeep. However, if it is your neighbours hedge growing into your garden then much like with tree branches your are aloud to trim it but the trimmings must be returned to the owner.

If you need help with the landscaping of your garden, or have an overhanging trees that need trimming then contact Boardway Tree & Ground Care today – 01555 807 495