Neighbour prunned my trees without asking
Discussion
esselte said:
From Gardenlaw.co.uk...
"...Over Hanging Branches
Branches that grow so as to overhang your neighbours' land are trespassing on his air space. The neighbour can chop the branches back to the boundary but he has to return the lopped branches to the owner of the tree together with any fruit that might have been on them. If he lops beyond his boundary then it is a trespass. It is always best to ask your neighbour first although you do not need his permission to lop overhanging branches so long as they are returned. .."
Not sure how this is affected by a TPO though...
Lets hope then that the branches were returned "...Over Hanging Branches
Branches that grow so as to overhang your neighbours' land are trespassing on his air space. The neighbour can chop the branches back to the boundary but he has to return the lopped branches to the owner of the tree together with any fruit that might have been on them. If he lops beyond his boundary then it is a trespass. It is always best to ask your neighbour first although you do not need his permission to lop overhanging branches so long as they are returned. .."
Not sure how this is affected by a TPO though...
swerni said:
jamesuk28 said:
Sheriff JWPepper said:
jamesuk28 said:
Sheriff JWPepper said:
jamesuk28 said:
Simple really, My neighbour pruned back several of my trees without permission, we are not talking a bit of clipping, these are 60 foot trees and whole branches have been removed.
I guess you grew them over his fence without permission.
If they trees have a TPO order on them they cannot be cut back without first an inspector from the council coming out.
You need to put in written permission (forms available on line) and it takes quite a while.
jamesuk28 said:
Simple really, My neighbour pruned back several of my trees without permission, we are not talking a bit of clipping, these are 60 foot trees and whole branches have been removed.
What is the law regarding cutting somebody elses trees back even if they hang over the boundary line? Do they need permission or not?
If they had asked the answer may have been OK no probs, even though they did not ask I am not going to make a big deal about it, at the end of they day its only a few trees.
But the major problem I have here is all the trees in question had TPO's on them, surely they should not be touched without the proper consent.
A tree doctor carried out the work FYI
Do you like your neighbour?What is the law regarding cutting somebody elses trees back even if they hang over the boundary line? Do they need permission or not?
If they had asked the answer may have been OK no probs, even though they did not ask I am not going to make a big deal about it, at the end of they day its only a few trees.
But the major problem I have here is all the trees in question had TPO's on them, surely they should not be touched without the proper consent.
A tree doctor carried out the work FYI
Suggest you pop round and ask them for a copy of
1. The written consent from the Council WRT the Tree Preservation Order
2. The invoice from the Tree Doctor fellow and/or his contact details
That should cover your a**e sufficiently from the council.
Your difficulty (as I'm sure you know) is that you KNOW that the tree has a TPO on it. Is your neighbour likely to know that it was TPO'd? Would it have been reasonable for him to think that it was (ie he's got a garden full of trees that are also TPO'd) or is it a scenario when it probably didn't occur to it that it might be (old tree in the middle of new housing?).
My concern in your position would be that knowing it was TPO'd and doing nothing about it might well land you up in some bother, presumably as it's your tree you are responsible for ensuring that it's not touched in breach of the TPO. Now clearly if you had no idea the work was going to be done and you weren't there when it happened then you can't reasonbly be liable for it happening BUT now you know it happened I think the only safe approach is to talk to the Council and explain the situation. I don't see why you should end up in difficulty because of your neighbours action.
I'd ring the Council.
My concern in your position would be that knowing it was TPO'd and doing nothing about it might well land you up in some bother, presumably as it's your tree you are responsible for ensuring that it's not touched in breach of the TPO. Now clearly if you had no idea the work was going to be done and you weren't there when it happened then you can't reasonbly be liable for it happening BUT now you know it happened I think the only safe approach is to talk to the Council and explain the situation. I don't see why you should end up in difficulty because of your neighbours action.
I'd ring the Council.
smutbag said:
So, he has done you a favour really?
And you want to tell the council about it? Why?
Do you think they have a wee bespectacled man with a clip board running around checking who has cut their tree's recently? Chances are they will never know unless you tell them.
possibly, but i would suspect some curtain twitcher is already taking notes and phoning the council.And you want to tell the council about it? Why?
Do you think they have a wee bespectacled man with a clip board running around checking who has cut their tree's recently? Chances are they will never know unless you tell them.
neighbours of ours got dobbed in by someone, and they only had a dog pooh on the pavement when the kids had taken it for a walk, someone must have followed the kids back and noted the address. i know the adults used to bag the mess and bring it home to dispose of. £1000 they were fined. the kids are only 12 & 13 and never had any bags with them.
yes i know its gross, but hardly the crime of the century.
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