IrelandMy neighbour's tree is encroaching on my property.
Under Irish law, you may cut back branches or roots of your neighbour's tree that overhang or intrude onto your property, up to the boundary line — but you must not trespass or damage the tree itself.
What the Law Says
The Land and Conveyancing Law Reform Act 2009 sets out your legal rights when a neighbour’s tree encroaches onto your land.
If branches or roots from your neighbour’s tree extend over or under your property boundary, you have the right to cut them back — but only up to the boundary line. You cannot go onto your neighbour’s land to do this, and you must not harm the health or stability of the tree.
Any branches or roots you lawfully cut off belong to the tree’s owner — though you are not liable for returning them or for any damage caused by their removal (e.g., falling debris), as long as you act reasonably and without negligence.
This right is purely self-help: it does not give you the power to demand your neighbour cut the tree, nor does it entitle you to compensation unless the tree causes actual damage to your property (e.g., subsidence or blocked drains), which may involve separate legal action.
Statutory TextA person may, at his or her own expense, cut away any part of a tree, hedge or other plant which overhangs or projects into his or her land from adjoining land, but only to the extent that it does so.
— Land and Conveyancing Law Reform Act 2009, s. 33 — Rights in relation to overhanging trees, hedges, etc.
What to Do
Politely inform your neighbour about the encroachment and your intention to trim up to the boundary.
Trim only the parts crossing your boundary — do not enter their land or cut the trunk or main roots.
Dispose of cuttings responsibly (they remain your neighbour’s property, but you’re not required to return them).
If the tree causes serious damage (e.g., structural damage or blocked drains), seek independent arborist advice and consider consulting a solicitor about potential nuisance or negligence claims.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.