Entering a neighbour's land for tree work: what the statutes say

This page reports what the official source says. It is not legal advice: ask the office named here. It restates the Access to Neighbouring Land Act 1992, the Queensland tree dispute Act and the entry powers in the high hedge Acts, as read on October 8, 2026 on legislation.gov.uk and the Queensland legislation site.

Contains public sector information licensed under the Open Government Licence v3.0 for the legislation.gov.uk texts. A short phrase in quotation marks is the source's own.

England and Wales: the Access to Neighbouring Land Act 1992

Section 1(1) lets a person who wants to enter adjoining or adjacent land, called the servient land, to carry out works to their own land, called the dominant land, and who needs but does not have someone's consent, apply to the court for an access order. Section 1(2) says the court shall make the order if, and only if, it is satisfied that the works are reasonably necessary for the preservation of the whole or part of the dominant land and cannot be carried out, or would be substantially more difficult to carry out, without entry. Section 1(3) says the court shall not make an order if the respondent or another person would suffer interference with the use or enjoyment of the servient land, or hardship, to such a degree that it would be unreasonable to make it.

Section 1(4) lists basic preservation works. One of them is, in the Act's words, "the treatment, cutting back, felling, removal or replacement of any hedge, tree, shrub or other growing thing" on the dominant land that is, or is in danger of becoming, damaged, diseased, dangerous, insecurely rooted or dead. The Act is about the applicant's own land: the tree or hedge it lists is the one on the dominant land, and the neighbour's land is the place the work cannot be done from.

Section 2 says an order must specify the works, the particular area of servient land that may be entered, and the date or period of entry. The court may add terms and conditions to avoid or limit loss, damage, injury, inconvenience or loss of privacy, including the manner of the work, the days and hours, the persons who may do it and precautions to be taken. It may require compensation, insurance, and a record of the condition of the land. Section 2(5) lets the court order a payment for the privilege of entering, but says no payment shall be ordered to the extent that the works are to residential land.

Section 3 says an order authorises the applicant and associates to enter, to bring materials, plant and equipment, and to bring waste across if reasonably necessary to remove it from the dominant land. The order requires the applicant to remove waste from the servient land forthwith, to make the land good so far as reasonably practicable, and to indemnify the respondent against damage caused. Section 4(4) says an agreement is void if and to the extent that it would prevent a person from applying for an access order or restrict that right. Section 7 gives the High Court and the county court jurisdiction and says applications under section 1 shall be commenced in a county court. Section 9(3) says the Act extends to England and Wales only.

Queensland: the tribunal and the branch notice

The Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 handles entry in two ways. Under section 57, a neighbour's written notice asking the tree-keeper to remove overhanging branches must give permission to the tree-keeper or the tree-keeper's contractor to enter the neighbour's land on the advised day, between 8.00a.m. and 5.00p.m., and section 57(4) says that permission does not authorise entry to a dwelling. Section 58(3) says that when the neighbour cuts the branches after the notice period, that does not authorise entry to the tree-keeper's land.

Under section 66(5)(d), the Queensland Civil and Administrative Tribunal can make an order that authorises a person to enter the tree-keeper's land to carry out an order, including entering to obtain a quotation for carrying out an order. The Queensland Government page on tree disputes lists "authorising a person to enter your neighbour's land to obtain a quote for work or to carry out work on the tree" among the orders the tribunal can make.

Councils under the high hedge Acts

The English and Welsh high hedge law in Part 8 of the Anti-social Behaviour Act 2003 gives a person authorised by the council a power to enter the hedge land to get information, after at least 24 hours' notice to every occupier (section 74). If a remedial notice is not complied with, section 77 lets an authorised person enter and take the required action after at least 7 days' notice to every occupier, with expenses recoverable from an owner or occupier. Obstructing either is an offence with a fine not exceeding level 3 on the standard scale.

The High Hedges (Scotland) Act 2013 has the same shape. Section 18 lets a person authorised by the authority enter the neighbouring land to get information and to check whether action in a notice was carried out, and section 19 requires at least 14 days' notice to every owner and occupier. Section 22 lets an authorised person take action the notice required, with 14 days' notice. The Scottish Act says a building occupied as a residence may be entered only if there is no other reasonably practicable means of access to the hedge (sections 18 and 22). Sections 20 and 23 of the Scottish Act let a sheriff or justice of the peace grant a warrant (section 20 for entry under section 18, section 23 for entry under section 22) that authorises entry and, if necessary, reasonable force, but not force against an individual.

For the tests that decide whether a neighbour's hedge or tree can be the subject of a complaint, see the neighbour tree law overview and its pages for England and Wales, Scotland and Queensland.

Entering a neighbour's land for tree work: what the statutes say

England and Wales: the Access to Neighbouring Land Act 1992

Queensland: the tribunal and the branch notice

Councils under the high hedge Acts

Sources