The answer depends almost entirely on one question, so settle that first: whose tree is it? Ownership is decided by where the trunk stands at ground level, not by whose side the branches are on or who planted it.

If the trunk is on your land

It is your tree, and both the options and the responsibility are yours. The practical question is which operation solves the problem.

  • Branches over the neighbour's side: prune back on that side only. Far cheaper than reducing the whole crown, and it deals with the actual complaint.
  • Overhanging your own shed or fence: targeted pruning of those limbs.
  • Genuinely too big for the position: a crown reduction.
  • Structurally unsound and close to a building: that is a removal conversation, and worth a proper look.

Worth knowing that as the owner you have a duty of care. If your tree is obviously dangerous and it causes damage, that can come back to you — which is a reason to deal with visible deadwood rather than leave it.

If the trunk is on their land

You have a right in common law to cut back growth that crosses the boundary onto your property. It is narrower than most people assume, and it is worth knowing exactly where it stops.

You mayYou may not
Cut branches back to the boundary lineCut beyond the line into their side
Cut roots that cross onto your landEnter their garden without permission
Do it without asking firstDestabilise or kill the tree
Do it at any time of yearKeep cuttings without offering them back
The right to cut to the line is not a right to do damage. Cut so hard that the tree becomes unstable or dies and you can be liable — and on a conifer, cutting flush to the boundary usually means cutting into brown wood that never greens up, leaving a permanently bare face on your side.

The cuttings, and any fruit on them, technically belong to the tree's owner and should be offered back. In practice a conversation settles it, but tipping a trailer of branches over the fence is not how to start one.

The protected tree trap

This catches people out and the consequences are real.

If the tree has a Tree Preservation Order, or stands in one of Kidderminster's conservation areas, the common law right to cut overhanging branches does not override that protection. You still need written consent from Wyre Forest District Council for a TPO tree, and six weeks' written notice for one in a conservation area — even for branches on your own side of the boundary.

Kidderminster is slightly unusual in having several conservation areas rather than one — Blakebrook, Church Street, Green Street and Vicar Street. There is no single town-centre boundary to assume you are inside or outside of, so it is worth checking which, if any, your road falls into rather than guessing either way.

Cutting a protected tree without that is a criminal offence, and "it was overhanging my garden" is not a defence. One phone call settles it.

Roots

The same principle applies — you may cut roots at the boundary — but with considerably more caution, because roots are what hold the tree up. Severing major structural roots on one side can make a tree unstable, and if it subsequently fails, the question of who caused that becomes a live one.

For anything beyond small roots it is worth having someone look first. This matters particularly where a driveway, extension or new fence line is going in near a boundary tree.

Subsidence — the honest position

Trees are blamed for subsidence far more often than they cause it. Where it does happen it is usually a specific combination: a shrinkable clay soil, a thirsty species, a dry summer and shallow foundations. It is not a general risk from any tree near any house.

If there is genuine movement in a building, that is a matter for a structural engineer and an insurer, not a tree surgeon — and removing a mature tree near a house can occasionally make things worse rather than better, through heave as the soil rehydrates. Get the right advice before felling anything on those grounds.

The practical route

  • Establish whose tree it is — where the trunk stands at ground level.
  • Check whether it is protected before doing anything at all.
  • If it is a neighbour's, talk to them first. A shared quote is cheaper for both.
  • Ask for the cheapest operation that solves the actual complaint.
  • Get boundary work and your own tree work done in one visit.
You are allowed to cut to the line. It is frequently not the best idea. A conversation and a shared quote usually produces a better result for both gardens.

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