Can we force council to trim back willow trees overhanging in our garden even though they claim they have a ‘lack of funds’ to do the work?

We have lived at our current address for 28 years and when we moved in there was a residential care home at the back of our property. 

The ground is owned by the county council. Twenty years ago the council knocked down the care home and built a children’s special needs respite and day care centre.

The problem we have is that they planted willow trees on our border against our wishes. 

Initially the council did, at our request, maintain the willow trees and kept them at a reasonable height. But the trees are now left to grow out of control and are overhanging and shadowing our garden. 

We have asked the council to cut the trees back in the past and they did, but they are now refusing to this year due to a lack of funds. 

My other concern has been the risk of wildfire and we have contacted the council again regarding this. 

Do we have any rights to help us get the trees pruned back? 

Jane Denton, of This is Money, replies: Willow trees are fast-growing and often suitable for larger gardens. 

They can grow up to about eight metres wide and 12m high, according to the Royal Horticultural Society.

Your council has a budget gap of more than £50million for 2027-28, despite budgeting for almost £90million in savings in 2026. 

Many households in Britain are facing pared back or, in some cases, non-existent council services. 

The overhanging willow trees protruding into your garden are symptomatic of broader council cutbacks. 

Generally you cannot force your neighbour to cut down overhanging branches or reimburse you for having this done. 

You could only compel them to act if, for instance, the tree is causing damage to your property. 

One option you have is to trim the sections of the willow trees that are overhanging within your boundary in your garden. 

You cannot simply walk over to the neighbour’s property and start trimming back the trees from their side. The council still owns the trees. 

You can cut back branches or roots crossing the boundary, trimming only to the boundary line and offering the cuttings back, but that deals with an overhang, not the whole tree. 

I asked two solicitors for his thoughts on your problem.  

James Naylor, a partner at Naylor Solicitors LLP, said:  A boundary, in theory, runs down to the centre of the earth and up to the sky. 

It can therefore be helpful to picture it as an invisible vertical line separating one property from another, like a precise line with no thickness or width.

Imagine a laser beam projecting vertically upwards from the boundary.

If a branch extends across that boundary and passes through the laser beam, the neighbouring owner is generally entitled to cut it back to the boundary without first obtaining permission and generally without any obligation to give notice. 

The work must, however, be carried out from their own land, and they must not trespass onto the neighbour’s property.

From what you have said, it sounds like you are entitled to cut back any branches belonging to the council, but only to the boundary line and no further.

However, any branches that you cut from the weeping willow remain the property of the tree owner and should be offered back. 

The same principle applies to any fruit attached to those branches. 

Having looked into it, I can confirm that willow trees do, in fact, produce fruit, albeit only in the botanical sense rather than the one most gardeners would have in mind.

The fact that the trees may have been planted, or their branches may have overhung the boundary, for more than 20 years does not of itself remove this right.

There are circumstances in which wider remedies may be available where a tree is causing actual damage. 

For example, trees causing physical damage to neighbouring property, or vegetation causing injury to livestock. I readily accept that the latter is unlikely to feature here.

If you would prefer not to take matters into your own hands, you could, in theory, ask the court to intervene. 

However, proceedings are likely to involve considerable time and expense.

A quick caveat. I am assuming that the trees are not subject to a Tree Preservation Order (TPO) and are not located within a conservation area. 

Trees protected by a TPO will generally require the local planning authority’s consent before pruning works are carried out, while works to trees in a conservation area generally require prior notice to the authority. 

Wildlife legislation may also need to be complied with, particularly where nesting birds, or protected bats and their roosts, may be affected.

As for fire risk, cutting back the lawful overhang may help. If vegetation poses a serious and continuing risk of damage, the law of nuisance may in some cases provide wider court-based remedies.

In summary, the council may own the tree, but its branches do not acquire squatters’ rights over your garden. Once they cross the boundary, they are generally fair game for the secateurs. 

Joanne Ellis, a partner and head of the consumer land team at Stephensons, said: In this case the trees belong to the council and frustrating as it may be there is generally no legal obligation for a landowner to prune or reduce the height of trees simply because they cast shade or have become larger than neighbouring residents would like. 

However, that does not mean you are without any rights.

If branches from the willow trees are physically overhanging your property, you are usually entitled to cut back the growth to the boundary line, provided the work is carried out carefully and does not damage the trees. 

It is sensible to notify the council before undertaking any work, particularly as trees may be subject to additional protections.

If the trees have become excessively tall and are significantly affecting your enjoyment of your property by blocking light, it may be worth exploring whether they fall within the high hedge legislation. 

While individual trees are treated differently from hedges, local authorities do have powers to investigate certain complaints where evergreen or semi-evergreen screening vegetation is adversely affecting residential properties.

If the trees do block a legal right to light, create a legally defined nuisance or breach any covenants in your deeds, you may have a right to bring a civil action.

In relation to concerns about fire risk or the condition of the trees, if there is evidence that the council’s failure to maintain them is creating a genuine safety hazard, this should be raised formally and in writing with them. 

The council, as a landowner, has a duty to take reasonable steps to manage foreseeable risks arising from its land.

I would recommend submitting a formal written complaint and asking the council to explain the basis on which it has assessed the risks posed by the trees. 

If that does not resolve the issue, further legal advice can be sought to assess whether there are any nuisance or safety-related grounds for action based on the specific circumstances of the case.

Do you have a property question? Email jane.denton@dailymail.co.uk