My Neighbour's Tree is Threatening My Property in Dorset — What Can I Do?

Discovering that a neighbour's tree is leaning toward your home, shedding large branches onto your garden, or visibly dying and threatening to fall can be deeply stressful — particularly when the neighbour seems indifferent or dismissive of your concerns. Understanding your actual legal position, the correct steps to take, and the limits of what you can compel a neighbour to do is essential before taking any action that might escalate the situation unnecessarily. This guide provides clear, practical guidance for Dorset homeowners in this situation.

Step One — Honestly Assess the Risk

Before doing anything else, it helps to make an honest assessment of whether the tree genuinely poses a risk — or whether it is simply large, close and causing anxiety. Not every large tree near a boundary is dangerous. In most cases, an independent professional arborist's assessment will help establish this clearly and objectively.

Signs that a tree may genuinely pose a risk include the warning signs we describe in our dangerous tree guide — bracket fungi, visible decay, significant lean, root plate movement, hung-up branches or a large proportion of dead crown. A tree that simply looks big and is close to your boundary, without these signs, is not necessarily a hazard tree.

Your Legal Position — Rights and Limitations

What You Can Do Unilaterally

• Cut back overhanging branches to the boundary line: You have a common law right to cut back branches from a neighbouring tree that overhang your property, up to the boundary. You must offer the cuttings back to the tree owner. Important: TPO protection applies even for overhanging branches — check TPO status before cutting anything from a protected tree.
• Cut back encroaching roots to the boundary: The same right applies to roots. Do not apply herbicide to roots — this constitutes damage to the neighbour's property.
• Take emergency self-protective action: If a branch or tree is at imminent risk of falling on your property, you can take emergency action to prevent or reduce damage. Keep records of the emergency condition.

What Requires the Neighbour's Action

You cannot go onto a neighbour's property without their permission to carry out tree work — this is trespass regardless of how dangerous you believe the tree to be. The routes available to you are:

1. Negotiation and written notification — most disputes are resolved here
2. Mediation — if direct negotiation fails, a mediator can facilitate agreement at much lower cost than legal proceedings
3. Civil court action in nuisance — if the neighbour is negligent and their tree causes actual damage, you can claim in the civil courts for damages and potentially an injunction requiring them to deal with the tree

The Written Notification — What to Include and How to Send It

If you believe a neighbour's tree poses a genuine risk, sending a formal written notification is the single most important practical step you can take. The notification should:

• Describe the tree clearly — location, species if known, the specific concern (leaning toward your property, large dead branches overhanging your garden, visible decay, etc.)
• Specify what you are asking — a professional arborist's assessment, removal of specific dead branches, or full removal of the tree where the risk is severe
• Set a reasonable deadline — 28 days is reasonable for non-emergency situations; 48 hours for genuinely urgent concerns
• Include photographic evidence — attach photographs clearly showing the concern
• Request written acknowledgement — ask the neighbour to respond in writing confirming receipt and their intended action

Send the letter recorded delivery or by email with read receipt, and keep a copy. If the neighbour ignores multiple letters, this documentation is essential for any subsequent legal proceedings.

If the Neighbour Refuses to Act — Your Options