What can you do about a neighbour's tree hanging over your garden?
By Service Plus Stockholm AB5 min read
Short answer
What can you do about a neighbour's tree hanging over your garden?
Under the Swedish Land Code you have the right to cut back branches and roots that hang in over the boundary yourself, but you should first talk to the neighbour and give them a reasonable time, for example a few weeks, to do it themselves unless the branches are causing a nuisance right now. If nothing is done within a reasonable time you may cut what hangs in over your own land, but only what is actually on your plot and without harming the health of the tree unnecessarily. If the tree is large, old or hard to reach safely, it is wise to hire a garden company to make the assessment and carry out the pruning correctly.
Would you rather have it done for you? Read about tree & shrub pruning in Stockholm – what is included, what affects the price and how to book.
What does the law say about overhanging branches?
Chapter three of the Swedish Land Code gives property owners the right to remove branches and roots from a neighbour's tree that grow in over their own boundary. The right applies regardless of the age or value of the tree, but it is tied to a requirement that you first give the neighbour the opportunity to deal with it themselves.
If the branches or roots cause a nuisance, for example damage to a building, a fence or a driveway, you can act faster. In the normal case, however, the neighbour should be informed and given a reasonable time before you cut anything yourself.
How to go about it step by step
The simplest and least confrontational way is to start with a conversation before reaching for the secateurs or saw.
- Talk to the neighbour and describe which branches or roots are causing problems
- Set a reasonable deadline, often a few weeks, so the neighbour has time to deal with it themselves
- If nothing happens, cut only what actually hangs in over your own boundary
- Keep photos from before and after as documentation in case of a dispute
- Avoid cutting so much that the health or stability of the tree is put at risk
What may you cut and what should you leave alone?
The right applies only to what is actually on your own side of the boundary. You may not climb over to the neighbour's side or cut branches that are still on their land, even if they look like they will soon grow across.
- Allowed: branches and roots that wholly or partly hang in over your own land
- Allowed: cutting back to the boundary line, not further
- Not appropriate: removing whole branches far in on the neighbour's side
- Not appropriate: felling or heavily pruning the whole tree without the neighbour's consent
- Important: do not damage the bark or trunk of the tree while working
When should you hire a garden company instead?
Large branches high up, trees near power lines or roofs, and roots close to a foundation often require the right equipment and knowledge of how to place a cut so the tree is not harmed unnecessarily. A wrong cut can lead to rot or fungal attack that over time makes the tree unstable.
Service Plus Stockholm AB always assesses the job on site before anything is cut, looks at where the branches actually cross the boundary and provides a free quote with a clear price or hourly rate before work begins. That makes it easy to know what is included before you decide.
- Branches high up in the crown that require a ladder or lift
- Branches near power lines or roofs
- Roots near foundations, walls or pipes
- Trees that already appear diseased or damaged
- Situations where you want an independent opinion in a dispute with a neighbour
What if the neighbour does not agree to the pruning?
If the neighbour objects to you cutting even though the branches hang in over your own plot, you still have the legal right to do so, as long as you stay on your own side of the boundary and have allowed a reasonable time for dialogue first. In deadlocked disputes it can be worth contacting the municipality's building permit unit or a lawyer to have the boundary and the exact position of the tree clarified.
In most cases, however, clear communication and letting a professional do the actual cutting is enough, so that the work is done correctly and cannot be questioned afterwards.
How Service Plus helps with pruning overhanging branches
Service Plus Stockholm AB helps property owners in Greater Stockholm prune branches and roots that hang in over the boundary safely and correctly. Saxa, the company's pruning specialist, assesses the condition of the tree on site, determines where the boundary actually runs and cuts with the right technique so the tree is not harmed unnecessarily.
If the situation with the neighbour is sensitive, Service Plus can also act as a neutral party that carries out the work according to the applicable rules, which often makes it easier to resolve the matter without conflict.
Common follow-up questions
Do you always have to ask the neighbour before cutting branches that hang over?
Yes, as a general rule the neighbour should first be given the opportunity to deal with the branches themselves within a reasonable time, unless the branches cause an acute nuisance or damage.
May you cut roots that grow in under your plot?
Yes, the same principle applies to roots as to branches: you may remove what is on your own side of the boundary after the neighbour has had the chance to deal with it themselves.
Who pays if the tree dies after the pruning?
If the pruning is carried out correctly and only on your own side of the boundary you normally bear no liability, but incorrectly performed pruning that harms the health of the tree can lead to liability for damages, which is one more reason to let a professional do the job.
Does the RUT deduction apply to pruning a neighbour's tree?
The RUT deduction applies to the labour cost of pruning carried out on your own plot, while removal of branches and any materials are not covered by the deduction.
